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Home My WebLink AboutPublic Art Maintenance Covenant • INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: City Manager and City Council Members FROM: Catherine Sass, Community Arts Manager DATE: September 28, 1995 SUBJECT: Art Maintenance Covenant RECOMMENDATION: By Minute Motion, approve as to form the Public Art Maintenance Covenant DISCUSSION: This agreement was drafted to provide for notification to successive property owners of certain requirements regarding artwork placed under Municipal Code 4.1.0. Endorsement will be a requirement for refund of Ordinance 732 fees. Prepared by: Reviewed and Concur: CATHERINE SASS ON DIAZ COMMUNITY ARTS MANAGER CITY L��I„T VAGER APPROVED �``''`` DENTED eviewed and Co c RCr ;VFD OTHER -- SHEILA GI IGAN DIRECTOR OF CO ITY AFFAIRS/CITY CLERK -yt, • r ` • • REFUND OF FEE When you actually receive your refund is dependant on the date your request is received and its inclusion of supporting documentation. Upon completion of installation of the artwork the applicant shall request in writing a refund of Ordinance 732 fees on building permits for the project address with: 1. A copy of the permits clearly showing the art fee. 2. A copy(s) of receipts paid to the artist and related subcontractors attached to the request. 3. A Public Art Maintenance Covenant is signed and submitted. 4. A copy of the Recorded Notice of Completion. Installation and/or construction of artwork on private property is subject to State mechanic liens laws. Therefore, a refund of fee can occur no sooner than 61 days from the recordation of the Notice of Completion with the County Recorder. The finance department processes accounts payable within 10 - 20 days. SENT BY: 9-13-95 ; 9:51AM ;BEST. BEST,& KRIEGER-' City of Palm Desert:# 2i 2 FREE RECORDING REQUESTED BY CITY OF PALM DESERT UNDER CAL. GOV'T CODE § 27383 WHEN RECORDED MAIL TO: City Of Palm Desert Attn: Public Art Coordinator 73-510 Fred Waring Drive Palm Desert, CA 92260 (Space Above Reserved For Recorder's Use) PUBLIC ART MAINTENANCE COVENANT THIS COVENANT is entered into , 199 , by and between ("Landowner" ) City and the of Palm Desert, California ("the City") . RECITALS: 1. Landowner owns that certain real property located at in the City ("the Site") and more particularly described by Exhibit "A" attached hereto and incorporated herein by this reference. 2. On or before the date of this Covenant, Landowner engaged in development activity on the Site that was subject to Palm Desert Municipal Code Chapter 4. 10, entitled "Art In Public Places. " 3. With City approval and in accordance with Chapter 4 .10 's requirements, Landowner acquired and placed at the Site the artwork described and/or depicted on Exhibit "8" attached hereto and incorporated herein by this reference ("the Artwork") . 4. City Code Section 4 .10. 110(B) requires, among other things, that Landowner enter into and record a covenant acceptable to the City for maintenance of the Artwork. The parties intend for this Covenant to satisfy that requirement. COVENANTS: 1. Landowner shall preserve the Artwork in good condition to the satisfaction of the City in accordance with the maintenance instructions attached hereto as Exhibit "C" and incorporated herein by this reference. 2. Landowner shall not deface, mutilate, or alter the work nor knowingly allow other persons to do so. 3 : Landowner shall secure and maintain insurance applicable to the Artwork sufficient to protect it against damage or loss from fire, theft, vandalism, and all other insurable MSR70807 SENT BY: o '2 95 : 3:35PM :BEST. BEST,& KRIET ' C,ty of Palm Desert :e 3/ 5 occurences typically covered by an all-risk policy, in an amount to be determined by the city attorney but not to exceed the reasonable estimated replacement cost of the Artwork. 4 . Landowner shall not move the Artwork from its present location at the Site, as depicted in Exhibit "5" attached hereto, without prior written approval by the City. 5. Landowner grants the City an irrevocable license to photograph and otherwise make two-dimensional reproductions of the Artwork and to use such reproductions for commercial and non- commercial purposes as the City sees fit. 5. Within a reasonable period of time following a request by the City, Landowner shall allow the City and its authorized agents access onto the site for the purpose of inspecting and photographing the Artwork and ensuring that Landowner is meeting its obligations under this Covenant. 7. This Covenant shall be recorded in the official records of Riverside County and shall run with the land described herein as the Site, binding and/or benefiting the parties' respective successors in interest, including but not limited to any purchasers, heirs, devisees, transferees, assignees, grantees, trustees, and beneficiaries. Should any court find this Covenant unenforceable at law, the parties intend that it be enforceable in equity. 8. To the extent reasonably possible, Landowner shall provide actual notice of the Covenant to any successors in interest. Failure of Landowner to provide actual notice shall not preclude enforcement of this Covenant against anyone who receives constructive notice. 9. This Covenant shall be governed by the laws of the State of California. 10. No modification of this Covenant shall be valid unless made in writing and signed by both parties hereto. 11. No waiver of performance by any party shall be construed as or operate as a waiver of any subsequent default. 12 . Should any action or proceeding be brought to enforce the terms of this Covenant, the prevailing party shall be entitled to reasonable attorney's fees and costs. 13 . Any disputes regarding this Covenant that cannot be resolved amicably by the parties hereto shall be settled through binding arbitration, conducted by one arbitrator in accordance with Title 9 (commencing with Section 1280) of Part III of the California Code of Civil Procedure, or any successor statute. MSR70807 -2- SENT BY: 12-95 : 3:35PM BEST. BEST.& KRIEI°- City of Palm Desert: 4/ 5 EXECUTION: This Covenant shall be deemed executed as of the date first above written. The undersigned parties shall acknowledge their signatures before a California notary. CITY OF PALM DESERT By: Mayor STATE OF CALIFORNIA ) ss COUNTY OF ) On , 199 , before me, , a Notary Public in and for said State, 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 (EXECUTION CONTINUES ON NEXT PAGE) MSa73807 -3- SENT BY: 4-12-95 : 3:36PM :BEST. BEST.& KRIETD City of Palm Desert:# 5/ 5 (PUBLIC ART MAINTENANCE COVENANT -- EXECUTION CONTINUED) LANDOWNER By: STATE OF CALIFORNIA ) ss COUNTY OF ) On , 199 , before me, , a Notary Public in and for said State, 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 APPROVED AS TO FORM: City Attorney MSR708C7 -4-