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HomeMy WebLinkAboutA3225 - DESERT HOSPITAL SCULPTURE EASEMENT M05179 064923 RECEIVED FOR RECORD AT8990'CACK FEB 2 6 1996 Rmao pN�tJW tNawu. of IM A*ftMCaM A FidLVIdGf RECORDING REQUESTED BY IL F :� AND WHEN RECORDED MAIL TO: Desert Hospital Sculpture CITY OF PALM SPRINGS Grant of Easement & Agr City Clerk AGREEMENT #3225. P.O. Box 2743 M05690, 2-7-96 - -- \\ Palm Springs, CA 92263-2743 (For Recorder's Use Only) V GRANT OF EASEMENT AND AGREEMENT This Grant of Easement and Agreement (the "Agreement") is made as of Oc%Cb0" 8 I 1995 by and between DESERT HOSPITAL CORPORATION, a California non-profit corporation ("Grantor"), and the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation (the "City"). RECITALS : A. Grantor is the owner of that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto ("Grantor's Property") B. City is the owner of a certain sculpture ("Sculpture") created by Myra Nelson ("Artist") which Grantor desires City to locate on a portion of Grantor's Property. C. To facilitate location of the Sculpture upon Grantor's Property, Grantor desires to grant to City an easement for purposes of placing the Sculpture on Grantor's Property as more particularly provided herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to City a perpetual, non-exclusive easement in gross over that portion of Grantor's Property legally described or depicted on Exhibit "B" attached hereto and incorporated herein (the "easement area") for purposes of placing the Sculpture � / D �� ✓dam thereon and for access over and across the Grantor's Property and for purposes of maintaining, repairing and replacing, if necessary, the Sculpture and for the removal thereof. 2. MaintenangQ. Grantor hereby agrees to maintain the easement area, including all access paths, landscaping and other improvements, in first class condition, and shall maintain the,sculpture in first class condition and shall perform all maintenance recommended by the Artist with respect to the Sculpture. Grantor shall repair and/or replace any damage to the Sculpture within fourteen (14) days of such damage being discovered. In the event any graffiti is discovered on the Sculpture, Grantor shall remove such graffiti on the same day it is discovered. It is the intent of the parties that so long as the Sculpture remains on Grantor's Property, Grantor shall keep, maintain, repair and replace the Sculpture such that it remains in a good, clean and first class condition and of the highest quality. Materials used to restore, repair or replace any portion of the Sculpture shall be of equal or better quality than the original materials used in the Sculpture. When necessary, Grantor shall consult (lie Artist or another competent art work 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 Grantor. 3. Insurance. Grantor 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 Sculpture is located on Grantor's Property, 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 Grantor's indemnity obligations under Section 4 below. T he 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' 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 Grantor 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 Grantor in the course of carrying out the obligations of this Agreement. Page 2 (c) Fine Arts Insurance. Grantor shall procure and maintain on behalf of City, as the owner, fine arts insurance on the Art Work on all risk form with limits not less than ONE HUNDRED TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($122,500.00) 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 Grantor. "The limits of the Fine Arts Insurance carried by Grantor hereunder shall be increased each year on or before the anniversary date of the recordation of this Agreement ("Anniversary Date") by any increase in the Consumer Price Index for All Urban Consumers for the Los Angeles/Anaheim/Riverside area, 1982-84 = 100 (the "Index"), as published by the U.S. Department of Labor Statistics, or, in the event such department shall cease to publish such Index, then any replacement Index designated by such department, or such other Index as designated) by City. The adjusted limit of such Fine Arts Insurance shall be determined by multiplying the previously exiting required limit by a fraction, the numerator of which shall be the Index for the month which is two months preceding the Anniversary Date, and the denominator of which shall be the Index for the date which is 14 months prior to the Anniversary Date. The resulting product shall be the new required limit for the Fine Arts Insurance for the succeeding year. In no event shall the required limits for such insurance be reduced on any adjustment." 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 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. In the event any of such policies are canceled, Grantor shall, prior to the cancellation date,submit new evidence of insurance in conformance with the requirements of this Section 3. Grantor shall provide the Commission with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. Grantor agrees that the existence of any insurance shall not limit or otherwise affect Grantor's obligations under this Agreement. 4. Indemnification. Grantor 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 Grantor, its agents, employees or contractors, or from the existence of the Sculpture on Grantor's Property, 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 responsible to the City. Page 3 5. Default. In the event of any default or breach of any of the covenants or conditions contained in this Agreement by Grantor, City shall have all rights and remedies permitted at law or in equity including, without limitation, the remedy of specific performance. Additionally, in the event that Grantor 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 Grantor with the cost thereof, including all costs incurred in connection with enforcing this Agreement or in collecting such amounts from Grantor. City shall also have the right in the event Grantor fails to cure a default as provided herein to remove the Sculpture from Grantor's Property and terminate this Agreement. In such event, all costs associated with the removal of the Sculpture and the reinstallation of the Sculpture on other property shall be borne by Grantor and shall be paid immediately upon receipt of an invoice therefor. 6. Termination. In the event of any uncured breach or default by Grantor of any of the terms and provisions of this Agreement resulting in the removal of the Sculpture from Grantor's Property, pursuant to Section 5 above, this Agreement shall terminate. At any time subsequent to the date of any conveyance or transfer of Grantor's property from Desert Hospital, as the original Grantor, whether voluntarily or by operation of law, City shall have the right, but not the obUgation, to remove the Sculpture from Grantor's Property and terminate this Agreement with or without cause whether or not a breach or default by Grantor, then all removal costs shall be borne by the City. In the event City elects to terminate this Agreement pursuant to this Section, City shall, at Grantor's request, deliver to Grantor a Quitclaim Deed releasing and relinquishing any rights City may have pursuant to this Agreement. 7. Mortgage!a 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 Grantor's Property 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 Grantor arising under this Agreement which became due and payable prior to the date such mortgagee, beneficiary or purchaser takes title thereto. 8. Successors and Assigns: The obligations of Grantor under this Agreement shall be binding on Grantor's successors and assigns and shall burden the Grantor's Property and shall run with the land and be binding upon all successors and assigns acquiring any right, title and interest in and to Grantor's Property. Page 4 ' i • 9. Access Public. Although the easements granted herein shall not constitute easements granted to the public, Grantor hereby agrees to allow the public access to Grantor's Property to view and enjoy the Sculpture at reasonable times and in a reasonable manner. 10. Attornev's 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 and expenses related to such action or proceeding, including without limitation all attorneys' fees and expert witness fees, both at trial and on appeal. 11. Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by any party of any default must be in writing and shall not be a waiver of any other default concerning the samo or any other provision of this Agreement. 12. City R,eoresentative. 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 Commission 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. Page 5 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. Grantor: DESERT H "PAL CORPORATION a Californ' n -profit corporation By. / Its: City: ATTEST: CITjMg SP I61unflil corporation B By: ity Clerk e/r, 1 REVIEWED AND APPROVED AS TO FORM: . l� CityAttorn APPROVED BY THE CITY COUNCIL BY�t S. NO. .s� T � —)—P)9 o�IU S77 Page 6 CALI-FORMA ALL-PURPOSE ACKNOWi'EDf.MEN7 P ,o State of County of On before me, �Ai✓£i �. G����*�6 DATe NAME,TITLE OF OFFICER "JANE DOE,NO ARY PUBLIC personally appeared _ l x�i� 4" NAME(S)OF SIGNER(S) Personally known to me - IDR-=E he-basi"f-satisfactory-evidence- to be the perso%Z) whose name Is are subscribed to the within instrument and ac- knowledged to me tha hie she/they executed the same in his er/their authorized ELAINEL WEDEKIND capacity4eesj-, and that b hid her/their comm.#1Od885T z signatureo on the instrument the person z] No1Rifornia VERSIDECOU Public— NTY or the entity upon behalf of which the 1 My Comm.Expires FEB 3.1999 personov) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY ■ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: — DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 222222228222 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P 0 Box 7184•Canoga Park,CA 91309-7184 STATE OF CALIFORNIA ) ) ss. COUNTY OF ) r; vtn-s�o� On �,Iovem6er 6 , 1995, before me, a• M . Loc E f ) c Y- Personally appeared R r.lo r'A A yV1'I h)c vl personally known to me (or-proved-to-me-en-the-basis-of-satisfactory-evidenee) to be the person(-) whose name(s) is/are subscribed to the within instrument and acknowledge)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(. ), or the entity opon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. .S]Frv1n •1� . -k'tl A/ (SEAL) :. . ^Ver na M. Loeffler 3 ��;_ Comm. #1058644 V :' NOTARY PUBLIC CALIFORNII,J RIVERSIDE COUNTY Camm. Exp.June 23, 1999 i E:XHISIT "A" EEL J �\ NN0 a QI V4�' N 89-58-00"E ;om + �nj 121.45 Z N 89"058'S i'E N 00'01'59"W 2 5.71 � 61 moo" ti m iF �A W v nj R=7.50 Z14, e ( O � z H A z � Sw CDR. o PAR. "B" rani ``� Sip LAND SU'QG cA� Fes. w N 00°02'00"W O 44.00 „ ANTHOWYD.�Dox N N 89°56'26"E 385.55 — — * RE6.EIIP 9"3s_96�� . P.O.C. C L TACHEVAH DRIVE `rTq NO.54 W. 1/4 COR. / fF�F CA1,F�� 1 SEC. 11 CITY OF PALM SPRINGS--- DEPT. OF COMMUNITY DEVELOPMENT ENGINEERING DIVISION EASEMENT EXHIBIT APPROVED: , 199 LEGAL DESCRIPTION PORTION OF PAR. "B" OF LLA 92-08, RECORDED 6/24/93 AS INST. 242379, O.R., BEING IN CITY ENGINEER R.C.E. THE NW 1/4 OF SEC. li, T.4 S.. R.4 E.. S.B.M. DESIGN BY SCALE FlLE NO. A.M. 1" - 10' - � . � /"i" � _ '�-4 C4ECKED BY SHEET N0. JOB N0. 4,.,IAO ZURVEYOR :LS. 5476 F C.H. 1 OF 1 752 .••xa+.;•:�.-^.^ne. ;.-:xnwca.,uwsrw.,,�.u»•mrcaw+,.a..eu.�.�+v3•r�w�v .. LEGAL DESCRIPTION IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL "B" OF LOT LINE ADJUSTMENT NO. 92-08, APPROVED BY THE CITY OF PALM SPRINGS AND RECORDED JUNE 24, 1993 AS INSTRUMENT NO. 242379, O.R ., BEING IN THE NORTHWEST QUARTER OF SECTION 11, TOWN- SHIP 4 SOUTH, RANGE 4 EAST, S.B .M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: A CIRCULAR PARCEL OF LAND HAVING A RADIUS OF 7.50 FEET AND A CIRCUM- FERENCE OF 47. 12 FEET, COMPRISING 176 .7 SQUARE FEET, WITH THE RADIUS POINT OF SAID PARCEL BEING SITUATED AT THE FOLLOWING DESCRIBED LOCA- TION; COMMENCING AT THE CENTERLINE INTERSECTION OF INDIAN CANYON AVENUE AND TACHEVAH DRIVE; THENCE NORTH 89056'26" EAST ALONG SAID CENTERLINE OF TACHEVAH DRIVE, A DISTANCE OF 385.55 FEET; THENCE NORTH 00002'00" WEST, A DISTANCE OF 44.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "B" OF LOT LINE ADJUSTMENT NO. 92-08; THENCE NORTH 00002'00" WEST ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL "B", A DISTANCE OF 478.51 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 89°5B'00" EAST, A DISTANCE OF 121 .45 FEET TO AN ANGLE POINT THEREIN; THENCE LEAVING SAID BOUNDARY LINE. NORTH 89058 *00" EAST, A DISTANCE OF 20 . 15 FEET; THENCE SOUTH 00° 02 '00" EAST, A DISTANCE OF 5.71 FEET TO THE AFOREMEN- TIONED RADIUS POINT AND THE CENTER POINT OF THE HEREIN DESCRIBED CIRCULAR PARCEL OF LAND. tAND SU,pGF< v ANTHONY D.MADDOX NO.5476 k �F Of C Desert Hospital Sculpture . Public Art AGREEMENT #3225 M05179, 5-5-93 AGREEMENT FOR PURCHASE AND SALE OF A WORK OF ART This "Agreement" is entered into as of , 1993 by and between the CITY OF PALM SPRINGS, a municipbl corporation ("City") and DESERT HOSPITAL CORPORATION,a California non-profit corporation ("Desert Hospital"). RECITALS: A. The City is interested in acquiring works of art for placement on appropriate private property which encourages public access and viewing. B. Desert Hospital desires to commission a work of art and have such work of art placed on its property. C. City desires to purchase from Desert Hospital the work of art for purposes of placing such work of art on Desert Hospital's property subject to each of the terms and conditions of this Agreement. NOW,THEREFORE, for good and valuable consideration,the receipt and adequacy of which is hereby acknowledged, the parties hereto hereby agree as follows: 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. Under the direction of the City Council, the Commission 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. Agreement t:o Commission Work of Art. Desert Hospital hereby agrees to commission a sculpture (the "Sculpture") to be created by Mrs. Mira Nelson (the "Artist"). Desert Hospital shall be solely responsible with respect to the contract entered into for the commissioning of the Sculpture, including responsibility for all payments to be made thereunder. Desert Hospital shall enter into a contract (the "Contract") with the Artist which shall be reviewed and approved by the Commission prior to its execution by Desert Hospital and which shall include the following provisions: (a) Warrainty. The Artist shall warrant that the Sculpture will be free of defects in workmanship and/or materials, and that the Artist will, at the Artist's sole cost and expense remedy any defects due to faulty workmanship and/or materials. This warranty includes any workmanship or materials which cause the Sculpture to deteriorate over time in a manner inconsistent with the plans and specifications or as would be expected from products made of similar materials. Page 1 (b) Maintenance. The Artist shall supply Desert Hospital with specifications as to the methods and materials used in the Sculpture and shall recommend and submit a maintenance program for the Sculpture. (c) Plans and Specifications/Completion of Work. The Sculpture shall be constructed according to the model and plans and specifications approved by the Commission on January 14, 1993 and shall be approximately eight (8) feet in width atop a five (5) foot base (collectively the "Plans and Specifications"). (d) Acceptance of Work. Desert Hospital shall not accept the completed Sculpture until the Sculpture has been accepted by the City Council and the Commission. Desert Hospital may accept the Sculpture when the Commission has adopted a resolution finding: (i) That the work conforms to the Plans and Specifications or to any modifications thereof approved by resolution of the Commission; (ii) That the Sculpture has been transported to its ultimate site and completed on a timely basis or that the Commission for good cause has waived the City's right to so require. (e) Right to Make Modifications. The City shall have the right, prior to the acceptance of the Sculpture, to request that modifications be made to the Sculpture, and such modifications shall be performed prior to acceptance at no additional cost. Subsequent to the acceptance of the Sculpture by the City, the City shall have; the right to modify the Sculpture; provided, however, that any expense associated with such modification shall be borne by the City. (f) Waiver. Due to the nature of the Sculpture and the site on which it is to be placed and the public interest of the City, Artist and his 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 agents, heirs, successors and assigns also agree not 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. (g) Riahts to Sculpture. Subsequent to the acceptance of the Sculpture and payment therefor, the Sculpture and all rights thereto shall be conveyed by Artist to Desert Hospital, as the owner thereof, including the right to display the work in places of the owner's choosing and to loan the work to other persons or entities. The owner shall have the right to make reproductions, photographs and other two and three dimensional reproductions of the Sculpture for both commercial and non-commercial purposes. Any and all royalties resulting from the Sculpture shall belong to the owner thereof. The Page 2 Artist shall copyright the Sculpture and all rights under the copyright shall be transferred to the owner together with the Sculpture. All such rights shall be transferred to the City pursuant hereto. (h) Warranties of Artist. The Artist shall make the following warranties which shall specifically provide that they are transferable to the City: (i) The Artist warrants that the work will not present a danger to the public and shall not contain features which the Commission deems a danger to the public and agrees to cooperate in making and permitting adjustments to the work to eliminate hazards which become apparent within one (1) year of the date the work is finally accepted; (ii) The Artist warrants that the work is a result of the artistic efforts of the Artist and that it will be installed and delivered free and clear of any liens, claims or other encumbrance of any type; and (iii) The Artist warrants that the work is unique and a single e6tion, and that the Artist will not execute or authorize another Ito execute another work of substantially the same design as the Sculpture, except as allowed under paragraph 7(h) Reproductions. The covenants and warranties of the Artist shall be binding on the Artist's heirs and assigns. (i) Transferability. Artist shall agree that all of the covenants, representations and warranties of Artist contained in the Contract shall be transferable to the City. 3. Agreement for Purchase and Sale of Sculpture. Within fifteen 0 5) days after Desert Hospital has obtained free and clear title to the Sculpture and the Commission has accepted the Sculpture as provided in Section 2(d) above, Desert Hospital shall convey all right, title and interest in and to the Sculpture by the execution and delivery of a Bill of Sale in the form attached hereto as Exhibit "A", to the City and City agrees to accept such Sculpture. The Bill of Sale shall assign and convey the Sculpture and all rights, warranties and copyrights obtained from the Artist pursuant to the contract entered into with the Artist pursuant to the above referenced requirements. 4. Payment of Purchase Price. The City shall pay to Desert Hospital, as the purchase price for the Sculpture and all rights incidental thereto, $89,826.50 which is equal to one half of their Public Arts Fee. The purchase price shall be delivered to Desert Hospital in the form of a City check within thirty (30) days from the receipt and approval by the Commission of Desert Page 3 0 Hospital's invoice for the amount of the purchase price, but no earlier than the acceptance of the Sculpture by the City and the delivery of the Bill of Sale to the City. Desert Hospital's invoice shall evidence the actual amount paid to the Artist under the Contract. 5. Duties of Desert Hospital. The City has agreed to locate the Sculpture on a portion of Desert Hospital's property as depicted on Exhibit "B" attached hereto and incorporated herein provided that Desert Hospital complies with each and every covenant and obligation of Desert Hospital contained in this Agreement including, without limitation, the following: (a) Construction of Improvements. Desert Hospital shall construct an appropriate sculpture foundation subject to plans and specifications approved by the Commission together with landscape mounding surrounding the sculpture foundation as approved by the Commission and City Planning Department. (b) Grani of Easement. Desert Hospital shall grant an easement to the City for the placement of the Sculpture on that portion of the Desert Hospital property shown on Exhibit "B" which easement shall be in the form of Exhibit "C" attached hereto and incorporated herein (the "Easement"). Desert Hospital shall comply with each and every of 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 Bill of Sale. (c) Installation. Desert Hospital shall provide for the installation of the Sculpture on the site at its cost in accordance with plans approved by the Commission. 6. Miscellaneous Provisions. (a) Successors aind Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. (b) Integration. 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, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. (c) 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. Page 4 • 0 (d) Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall,to any extent, be held invalid or unenforceable,the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (e) Governing Law. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. (f) Attorneys' Fees. In the event of any dispute between the parties to this Agreement or any action or proceeding to enforce any provision of this Agreement or to seek a declaration of rights under this Agreement, the prevailing party or parties shall be entitled to recover from the other party or parties all expenses, fees and costs of such matter, including without limitation reasonable attorneys' fees and any costs of appeal, investigation, preparation and professional or expert consultation or testimony incurred in connection with the matter. (g) No Waiver. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party hereto under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. (h) Reproductions. The City hereby authorizes Desert Hospital to make, and to authorize the making of, promotional, not-for-sale, reproductions of the Work specifically, medallion coins not to exceed six inches in diameter and postcards for use in conjunction with fund-raising activities. Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. DESERT HOSPITAL CORPORATION, A Ca omla non-profit corporation By: Its: f , n 1 "Desert`Hospital" 4- CITY PAL RI S, a municipal cor oratio By: Its: ' "City" PUBLIC,ARTS COMMISSION ALL-PURPOSE ACKNOWLEDGMENT NO2D9 ti —) (��"_.'�t"'.��a^`ti�"�= w����..:��.a�r��"-�w��.^•s�-�-."`c���ii�'✓'`ati:.C^"�.w._^��':=.���.'�a` "�. f1) 1 CAPACITY CLAIMED BY SIGNER State of � I �1 � p ❑ INDIVIDUAL(S) ! County of P 1� I Lt ti d '4 ©'L`ORPORATE %" �p �N On ��� — � before me, � U A OFFICER(S) U 'z�l�' 1�� TITLE(S) yy v0) OATE �^ NAME,TITLE OF OFFIC R-EG,"JANE DOE,NOTARY PUBLIC" ❑ PARTNER(S) (l ��p�/._ — — � ��� ❑ ATTORNEY-IN-FACT (b) personally appeared t ❑ TRUSTEE(S) 4)(0 NAME(S)OF SIGNERS) p-personally known to me- OR- 0 proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS �y to be the person(s) whose name(s) is/are fPi (/ ((} ( subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR (j rj (+')knowledged to me that he/she/they executed ❑ OTHER: Ir) 0 the same in his/her/their authorized J capacity(ies), and that by his/her/their 0) , °` Rene M. Rounds signature(s) on the instrument the person(s), r C � r4 <,in Ep••i Comm. 7857t orthe entity upon behalf ofwhichthe person(s) SIGNER IS REPRESENTING: Q N EOF PERSON(S)Of ENTITV(IF�S) Ij+ - acted, executed the instrument. ravers couNrr 0 l ro• 7i °+e,F comae.E*i"N a.111 Witness my hand an official seal. /� fo) SIGNATUR,O OF NOTARY �p�) ATTENTION NOTARY:Although the information requested below Is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document ��O) THIS CERTIFICATE Title or Type of Document i'Ory �T � �� ,` 6 a (� MUST BE ATTACHED Number of Pages Date of Document ��� N TO THE DOCUMENT DESCRIBED AT RIGHT: Signers) Other Than Named Above� ��//C /�� �913 ©i991 NATIONAL NOTARY ASSOCIATION•8236 Rem Ave.•P O.Box 7184•Canoga Park,CA 91 304-71 8 4 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT is made as of 199_ from DESERT HOSPITAL CORPORATION, a California non-profit corporation ("Seller") to the CITY OF PALM SPRINGS, a municipal corporation ("Buyer"). KNOW ALL ME14 BY THESE PRESENTS: That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of a Work of Art dated 1993 between Buyer and Seller (the "Purchase Agreement") Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that certain sculpture created by Mrs. Mira Nelson ("Artist") entitled (the "Property"). To have and to hold all such Property unto Buyer, its successors and assigns forever. Seller hereby assigns,transfers and conveys all warranties, indemnities, agreements, covenants and chooses in action owned by Seller with respect to the Property or which were obtained from the Artist in relation to the Property, including, without limitation, all those representations, warranties and covenants contained in that certain contract between the Artist and Seller dated all copyrights to the Property, all rights to royalties resulting from the Property and the right to make reproductions and photographs or other renderings of the Property for both commercial and noncommercial purposes. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written. DESERT HOSPITAL CORPORATION a California non-profit corporation By: Its: "Desert Hospital" EXHIBIT "A" TO AGREEMENT FOR PURCHASE AND SALE •4 w NE4 MEDICAL r.. ......., ._ \. .....5.4�.,�.N $uiLDl/Jb �. u°oT°vka • ' FLALA i 'u i I 'i..-C.� �i' :i,�a� .... 1+/\�Jr��Jdm•^('rI�^�' ' - � Imo.,.�-�'':'yq_.` ;•'i '::��� v I :\.. I i<:' [! -j' f._I:^ Q _A"� _ :�....r..i•.L,,. i .a... �•I��i. :nii i_.i — U :, •. C1}-''.. ^ I I • I I ,.� I i.. i III-"•.:I,I`';fl rrPr. — ', `' \i."' 'r J TM ENTRYRoAu F,,::r '• ss ' :::E' o .r c� _ + � J�1_1--.._.___J—J'?.,�. �•. ��\\�/\Y2`.�%�-I' � `� .�v Ldofl. ` W " f�,_ , rely ., � ,• ;'". '� � EL o _ �7111 L171N�i' :::c:._ =1fi.::�:•..:.� .bpl;I„ ` �"�" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS Public Arts Commission Attn: (For Recorder's Use Only) GRANT OF EASEMENT AND AGREEMENT This Grant of Easement and Agreement (this "Agreement") is made as of , 1993 by and between DESERT HOSPITAL CORPORATION,a California non-profit corporation ("Grantor") and the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation (the "City"). RECITALS: A. Grantor is the owner of that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto ("Grantor's Property"). B. City is the owner of a certain sculpture ("Sculpture") created by Mira Nelson ("Artist") which Grantor desires City to locate on a portion of Grantor's Property. C. To facilitate: location of the Sculpture upon Grantor's Property, Grantor desires to grant to City an easement for purposes of placing the Sculpture on Grantor's Property as more particularly provided herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereby agree as follows: 1 . Grant of Easement. Grantor hereby grants and conveys to City a perpetual non-exclusive easement in gross over that portion of Grantor's Property legally described or depicted on Exhibit "B" attached hereto and incorporated herein (the "easement area") for purposes of placing the Sculpture EXHIBIT "C" TO AGREEMENT FOR PURCHASE AND SALE Page 1 (of 1 1) 0 thereon and for access over and across the Grantor's Property and for purposes of maintaining, repairing and replacing, if necessary, the Sculpture and for the removal thereof. 2. Maintenance. Grantor hereby agrees to maintain the easement area, including all access paths, landscaping and other improvements, in first class condition, and shall maintain the sculpture in first class condition and shall perform all maintenance recommended by the Artist with respect to the Sculpture. Grantor shall repair and/or replace any damage to the Sculpture within fourteen (14) days of such damage being discovered. In the event any graffiti is discovered on the Sculpture, Grantor shall remove such graffiti on the same day it is discovered. It is the intent of the parties that so long as the Sculpture remains on Grantor's Property, Grantor shall keep, maintain, repair and replace the Sculpture such that it remains in a good, clean and first class condition and of the highest quality. Materials used to restore, repair or replace any portion of the Sculpture shall be of equal or better quality than the original materials used in the Sculpture. When necessary, Grantor shall consult the Artist or another competent art work 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 Grantor. 3. Insurance. Grantor 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 Sculpture is located on Grantor's Property, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive generall liability insurance together with a Broad Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure Grantor's indemnity obligations under Section 4 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' 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 Grantor 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 Grantor in the course of carrying out the obligations of this Agreement. EXHIBIT "C" TO AGREEMENT FOR PURCHASE AND SALE Page 2 (of 1 1) (c) Fine Arts Insurance. Grantor shall procure and maintain on behalf of City, as the owner, fine arts insurance on the Art Work on all risk form with limits not less than ONE HUNDRED TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($122,500.00) 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 Grantor. "The limits of the Fine Arts Insurance carried by Grantor hereunder shall be increased each year on or before the anniversary date of the recordation of this Agreement ("Anniversary Date") by any increase in the Consumer Price Index for All Urban Consumers for the Los Angeles/Anaheim/Riverside area, 1982-84 = 100 (the "Index"), as published by the U.S. Department of Labor Statistics, or, in the event such department shall cease to publish such Index, then any replacement Index designated by such department, or such other Index as designated by City. The adjusted limit of such Fine Arts Insurance shall be determined by multiplying the previously exiting required limit by a fraction, the numerator of which shall be the Index for the month which is two months preceding the Anniversary Date, and the denominator of which shall be the Index for the date which is 14 months prior to the Anniversary Date. The resulting product shall be the new required limit for the Fine Arts Insurance for the succeeding year. In no event shall the required limits for such insurance be reduced on any adjustment." 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 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. In the event any of such policies are canceled, Grantor shall, prior to the cancellation date,submit new evidence of insurance in conformance with the requirements of this Section 3. Grantor shall provide the Commission with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. Grantor agrees that the existence of any insurance shall not limit or otherwise affect Grantor's obligations under this Agreement. 4. Indemnification. Grantor hereby agrees to indemnify, defend and hold harmless the City, iits 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 Grantor, its agents, employees or contractors, or from the existence of the Sculpture on Grantor's Property, 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 responsible to the City. EXHIBIT "C" TO AGREEMENT FOR PURCHASE AND SALE Page 3 (of 1 1) 5. Default. In the event of any default or breach of any of the covenants or conditions contained in this Agreement by Grantor, City shall have all rights and remedies permitted at law or in equity including, without limitation, the remedy of specific performance. Additionally, in the event that Grantor 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 Grantor with the cost thereof, including all costs incurred in connection with enforcing this Agreement or in collecting such amounts from Grantor. City shall also have the right in the event Grantor fails to cure a default as provided herein to remove the Sculpture from Grantor's Property and terminate this Agreement. In such event, all costs associated with the removal of the Sculpture and the reinstallation of the Sculpture on other property shall be borne by Grantor and shall be paid immediately upon receipt of an invoice therefor. 6. Termination. In the event of any uncured breach or default by Grantor of any of the terms and provisions of this Agreement resulting in the removal of the Sculpture from Grantor's Property, pursuant to Section 5 above, this Agreement shall terminate. At any time subsequent to the date of any conveyance or transfer of Grantor's property from Desert Hospital, as the original Grantor, whether voluntarily or by operation of law, City shall have the right, but not the obligation, to remove the Sculpture from Grantor's Property and terminate this Agreement with or without cause whether or not a breach or default by Grantor, then all removal costs shall be borne by the City. In the event City elects to terminate this Agreement pursuant to this Section, City shall, at Grantor's request, deliver to Grantor a Quitclaim Deed releasing and relinquishing any rights City may have pursuant to this Agreement. 7. 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 Grantor's Property 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 Grantor arising under this Agreement which became due and payable prior to the date such mortgagee, beneficiary or purchaser takes title thereto. 8. Successors and Assigns. The obligations of Grantor under this Agreement shall be binding on Grantor's successors and assigns and shall burden the Grantor's Property and shall run with the land and be binding upon all successors and assigns acquiring any right, title and interest in and to Grantor's Property. EXHIBIT "C" TO AGREEMENT FOR PURCHASE AND SALE Page 4 (of 1 1) • i 9. Access o Public. Although the easements granted herein shall not constitute easements granted to the public, Grantor hereby agrees to allow the public access to Grantor's Property to view and enjoy the Sculpture at reasonable times and in a reasonable manner. 10. rn 's 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 and expenses related to such action or proceeding, including without limitation all attorneys' fees and expert witness fees, both at trial and on appeal. 11. Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by any 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. 12. 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 Commission 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. EXHIBIT "C" TO AGREEMENT FOR PURCHASE AND SALE Page 5 (of 1 1) f IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. Grantor: DIESERT HOSPITAL CORPORATION a California non-profit corporation By: Its: City: CITY OF PALM SPRINGS, a municipal corporation By: Its: PUBLIC ARTS COMMISSION Chairman ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER David J. Aleshire City Attorney EXHIBIT "C" TO AGREEMENT FOR PURCHASE AND SALE Page 6 (of 11) s STATE OF CALIFORNIA ) ss. COUNTY OF ) On , '1993, 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(iesl,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. (SEAL) EXHIBIT "C" TO AGREEMENT FOR PURCHASE AND SALE Page 7 (of 1 1) STATE OF CALIFORNIA ) ss. COUNTY OF ) On , 1993, 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. (SEAL) EXHIBIT "C" TO AGREEMENT FOR PURCHASE AND SALE Page 8 (of 1 1) STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On '1993, 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. (SEAL) EXHIBIT "C" TO AGREEMENT FOR PURCHASE AND SALE Page 9 (of 1 1) DATE February 7, 1996 TO. City Council FROM Director of Economic Development ACCEPTANCE - DESERT HOSPITAL SCULPTURE RECOMMENDATION: That the City Council accept Desert Hospital's art-in-lieu sculpture located at the Hospital's main entry parkway, allowing refund to Desert Hospital of Public Art fees in the amount of $89,826 50, •^ BACKGROUND To meet Desert Hospital's Public Art Program obligations as required by the City's Public Art !, Ordinance, the City Council approved by Minute Order 5179, an agreement dated May 5, 1993, between the City of Palm Springs and Desert Hospital for City purchase of a sculpture in the amount of $89,826.50. d At the time of the agreement, the Public Art foe was 1% of building permit valuation and developers were allowed reimbursement of 500/n of that fee toward purchase of a work of art, title t0 which was to be transferred to the City. The purchase amount of $89.826.50 represents reimbursement of 50% of the fee Desert Hospital paid into the Public Arts Fund. (Total fee paid - $179,653,00), The total cost of the sculpture was $122,500 Desert Hospital covered the balance of the sculpture's cost The piece is a two-sided, circular bronze casting depicting realistic human figures. The casting is eight (8) feet in diameter, mounted on a five (5) foot high, decorative granite base La Ouinta artist, Andy Nelson created the concept design, His wife. Myra, a sculptor who worked on the Statue of Liberty with Lee Iacocca translated the tw0,dimensional concept to the finished three-dimensional bronze casting. The sculpture has been installed and was unanimously approved and accepted by the Public Arts Commission. The agreement calls for City Council acceptance of the sculpture prior to release of funds to Desert Hospital. 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SwInstructlons &3-6imere l sculpture 0 Map ❑Technical drawing • 2-Dimensional artwork U Photograph ❑Text ❑ Reproduction of work of art ❑ Jewelry design 0 Architectural work C3 ❑ Design on Shceflike material .-P NAME OF AUTHOR V DATES OF BIRTH AND DEATH '= Ir ' Year Born► Year Died V C3 •4w� "� Was this contribution to the work a AUTHOR'S NATIONALITY OR DOMICILE WAS THIS AUTHOR'S CONTRIBUTION TO „,? 4 "work made for hire"? "�'�'°^`• �'^ao f Contry THE WORK ❑Yes ORtCitizenof► Anonymous? O Ye ❑No c.aid these ans�n erre is ❑No Domiciled m Pseudonymous? ❑Yn ❑ Na �ne'0ns NATURE OF AUTHORSHIP Check appropriate box(es). 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T •sunyvurawrcrbnN a to: 40 K9A I �i5L 5 d fq w to N P 6o ILL tlprofuxa APWATIOn Mef2opOgha InrMdr or ere.r mailed In Gaylsmt.mp a6"�min envelope �-A 01N TA CA q 2 ZS3 'ARL9 aUhW •�wn�� , .w � c�2a65swoo '17 US.C.9 so6(e).My parson who kop Nly makes a false mpmesentatm a a material tact k'ft apprcelun for copyrVit repa[ratnml PWW Wby eertim arm,V in i m y written=l ,iment filed in comaction With fie appicalkn rhea M road nnm mwa eun S2,sop. A 199r '000 0 PRINrl:O ON RECYCLED PAPER nU.S.GOVERNxEW PRIM NG(t FICE-.ts9y3e1•za>qt 0021 Council Minutes 2-7-96, Page 5 oo w"• 3. CHRYSLER GRAND PRIX(Continued) Councihncmber Nudges stated she did not want the event to cease, its it is an important event, and she waited to Work With the promoter,however, she was not pleased with the suggested terms; that the money beloimgs to the community, and the Council has an ' obligation to recover it, and die City should be on the top of the promoter's list for repayment; that die debt leas been outstanding for a long lime, and she would like to sec the balance paid by the cad of February. Mayor stated die event lhaq had a significant impact on increasing hotel and sales taxes, whicli means increased revenue in the community and in the hotel industry; thor there have been negotiations in process to relocate lbe ace; that the Council has an obligation to collect the fmhds; and dial lie was satisfied with die $2,500 good faith payment; that (050- he iout with Mr. Lilly, and he understood the circumstances, avid fell there is a strong 025) desire to abide by die terms offered, In response to question by Council, lie stated that there was no comniiiincid that the offer would be accepted, and the dissatisfaction by the City was very clear to Mr. Lilly, in that lie made a commitment acid did not keep it. Councilmembei Barites concurred with comments as to the benefits of the event, and m4tcd that if die Council concurs with the payment plan,and the promoter does not abide by it, this should be considered dine last chance; that the repayment schedule should be ienlislic; and that the promoter has placed the City in this position, and he agreed with Councilmember Hodges that die City.should have been repaid first, Discussion followed concerning possible amounts and dates for payments, including S4,000 due March 10 and $3,500 due April 10; or$1,000 per week. Mayor suggested that the City Manager be authorized to present scenarios and return with another check, and written acceptance for repayment. ' It was moved by Barnes, seconded by Odcu, and unanimously cmricd, that the City Manager proceed as 5dggcstcd, and return in two weeks with a minimum payment of $2,000, and concurrence on die remaining schedule. 4. ADDITIONAL LCGISLATIVE ITEMS: None CONSENT AGENDA: In response to questions by Council, the Public Arts Coordinator and Director of Aviation provided clarification concerning Items 6 and 10, respectively, 5. MO 5689 approving a 100' grant reimburscmeur agreement with CVAG in the amount of$90,000, fo a bridge Feasibility brudy for die 3 crossings of the Whitewarer Rivcr at (088- Indian Canyon Drive, Gene Autry Trail, and Vista Chino, CP94-43,A3635. 004) 6_ MO 5690 accepting Desert Hospital's art-in-lien sculpture located at the Hospital's main (117- entry parkway, allowing refund of public art fee of S89,826,50.A3225. 037) 7. MO 5691 approving Change Order No. 2 to contract with Bopark Friterprisus, for a (099- decrease of$31,346.25,for Library Cnnel rcuovadon, Project funded solely by private C01) donalions, CP94.44, A3590, 8. NIO 5692 approving an agreement with dine P.S. Unilled School District for High School (126- resource officer, and certain administrative duties related to School District security, for 006) 95.96 school year, for S73,639.49, A3637. 9. MO 5693 approving contract with Craig Rastl to provide Rangcmasier services at$27 per (113- hour for die Police Department, its auxiliary units and other persons required by law to ) qunlify on die range in order to cant' a firearm, for 95-96, A3638. 10, MO 569d approving amendment f4 midi Isbil]Associates for design and inspection work (US,- related to the airport runway extension project, A3138, 021) Council Minutes 5-5-93 Pg. 5 Lee Vinocour stated that many people need earls to carry their items to their home; that be felt local government must become user friendly, and he commended the Council for its perseveranco and patience and supported its efforts. d) Comments concerning Item 12, Arthur Coffey spoke comonxing the Passangcr Facility Charge, stating that he addressed the Airport Commission,asking that his comments be included in its minutes,and stated that the charges involve items to be built between 2002 and 2032,and be was conwinel about items for which au explanation has not been given. LEGISLATIVE ACTION: d. ZONING TEXT AMENDMENT-ATTRACTION BOARDS Planning Commission Recommendation: That the Council amend the Zoning Text to allow public and quasi-public institutions,as well as entertainment uses in general, to use attraction boards to inform the public of on-site events. Director of Planning&Zoning reviewed his memorandum and stated that the ameudmcnt expands the definition of allowabin activities that may be requcstod for an attraction board. In answer to question by Council, he stated that the content on the board is typically an event or activity, although the language would not specifically prohibit pricing;and that if additional regulations arc desired,the overall review of the sign ordinance could include those in a broadened City Attorney review. Councilmember Sehleadorf stated that the ordinance will apply to everyone,and sbould be adopted (103 with that in mind. 038 Mayor suggested that perhaps the Council could adopt the ordinance, as proposed, and ask the Planning Commission to start addressing an ameadment to dell with the pricing issue. Councilmember Hodges concurred that it is a good idea, and an important one that needs to be looked at quickly. In answer to question by Council,Director of Flaming&Zoning stated that the process typically would take 60-90 days,however,the Commission will 4 holding a study session the end of May, and this matter can be addreased,and perhaps moved along more quickly. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO ATTRACTION BOAI:DS FOR PUBLIC AND QUASI-PUBLIC AND ENTERTAINMENT USES. It was moved by Relief-Spurgia,seconded by Lyons,and unanimously carried,that further reading be waived,and that the Ordinance be introduced for first reading. 5. PUBLIC ART-DESERT HOSPITAL SCULPTURE Recommendation: That the Council approve agrwment with the De:ert hospital for the City to purchase a sculpture for$99,226.50,to be placed on hospital property at its maim entry parkway- A3225. Arts Administrator reviewed the memurndum of the Director of Economic Development. Peter Bcrgram, mpreseating the Desert hospital, displayed rendodugs of the sculpture, (117 commented on the prajcct,and where it will be placed;commended the Public Arts Commission 117 and the Council for wisdom and diligence in spending the public arts fee money. Councilmember Roller-Spurgin questioned how the balance of funds•will be covered,adding that it is equal to the salary of an registered nurse, Mr.Bergamo stated that it may be covered through foundation efforts,possible income from sales opportunity associated with reproductions of the art piece. In answer to other questions of Council,he stated that the piece may not be directly visible from Indian Canyon,but it will have accessibility and the 700 car garage is near by, as well as 2,000 spaces on the hospital campus, and there should not be any problem with people wanting to stop and look at it. Council Minutes 555-93 Pg. G 5. PUBLIC ART(Continued) Councilmernbcr Lyons stated that the art fee adds costs back to the east of building, which he found absurd to ask a developer to increase costs for something that would not otherwise have been provided. Minute Order 5179 as recommended,was prCaenterli aftor which,it was mo-ved by Reller-Spurgin, seconded by Lyons, unanimously carried, that MO 5179 be adopted. G. M11N1CIPAL CODE AMENDMENT-SHOPPING CARTS On April 21, 1993. the Council considered recommendation to amend the Municipal Code declaring abandoned shopping carts to be public nuisances; authorizing their removal by city employees;and prohibiting the unauthorized use,possession and removal of shopping carts from the owner's business premises, in enter ro deal with the issue of abandoned shopping carts that create art unattractive and blighted appearance along city rights-of-way, and continued action pending staff discussions with the grocers association. City Manager reported that calls were being received weekly complaining rlxout the appearance of the City with abandoned carts; that for awhile the carts were picked up, and the stores were asked to collect them on a voluntary basis;that when they were collected by the City,the cost was paid for by the City; and that an incentive way sought to encourage merchants and cart services to remove them. Ile stated that file City does not want to pick them up, cz collect fires for doing so;rather,simply that the Carty be removed from the streets;and that absent any tool or discussion to make that happen,compliance is not occurrin;;that prior to rho last row;ing, t11e City stopped picking up the carts,and the ordinance was presented, to attract the attention of those who should be picking them up and keeping them off the streets. In answer to question by Council, City Manager stated that the ordinm=5 would provide that notice to the store 24 hours prior to pickup, and again 23 hours later, and if not done, the cart would be impounded by the City and a$12 impound fee per cart charged for its recovery;and that granny carts are a solution,and the stores would have to move in that dirrcdim. Couaalmember Schlendorf reported that the County Senior Advisory Board is a source of funding to aid soniors in purchasing the carts. She stated that she did not w.n: any city employees involved iu picking up carts,and suggested that the cart recovery scrvicc should be called to pick (103- them up; and that the stores are addressing the issue, and should be ;➢lowed to move ahead, 001) without a punitive threat. She also stated that the Council should snpport the citizens and businesses, and if they have solved the problem, the Council should be supportive of that, and punitive system should not he suggested now; and she felt the Council should trust that the merchants will go forwvd with the solution. City Manager stated that a voluntary basis has been tried, and urged thnt by having a menu in place that should that effort wain,the City staff would have a means of dealing with the situation quickly;and that he felt it important to recommend those things required to moot the management objectives of the City, i.e.,be had calls on a regular basis about shopping carts being left on city streets. Couneilmumbcr 1lodgcs stated that she agreed with Councilmember Schleadorf,and did not want to see city staff involved in a big process or spending big time on it;that thee-are more important issues to be addressed;that the merchants have made a lot of progress in the last two weeks; that she complimented staff in working with the store manager in coming up with a solution, and suggested that it be tried,and if does not work, there is an ordinance dr4cd that can be brought back to the Council.She stated that if the impounding and recovery is enforced,the violation of removing property without consent, should also be enforced, regardlcm of who removes it, because it is still stealing property,and she did not want to spend time having to enforce it either. Mayor stared that the stealing issue is a smoke screen; because prcventioa is possible, and the stores are not authorizing abandonment of the carts. He asked the City vliaaager to provide a report to the Council if there is again a proliferation of carts on the streets. Couocilmember Reller-Spurgin opposed any involvement in either city employees picking-up carts or monitoring recovery for 23 hours. No action taken,coasenhas: merchants to police it.