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HomeMy WebLinkAboutC32401 - 2nd Amendment - Melissa Morgan-Steve Tobin - Large Steel RootCONTRACT NO. C32401 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE CONTRACT AMENDMENT NO. 2 WITH MELISSA MORGAN FINE ART AND ARTIST STEVE TOBIN TO EXTEND THE LOAN PERIOD FOR THE TEMPORARY EXHIBITION OF STEVE TOBIN'S SCULPTURE LARGE STEEL ROOT (CONTRACT NO. C32400). SUBMITTED BY: Deborah S. Glickman, Management Analyst DATE: September 22, 2016 CONTENTS: Contract Amendment No. 2 to Contract Number C32400 Contract Number C32400 Image of Large Steel Root in its current location Recommendation By Minute Motion: 1. Approve Contract Amendment No. 2 with Melissa Morgan Fine Art and artist Steve Tobin to extend the temporary exhibition of Large Steel Root currently installed in Civic Center (Contract No. C32400), and authorize Mayor to execute same; 2. Authorize staff to finalize the negotiations of the subject contract with Melissa Morgan Fine Art and Steve Tobin and authorize Mayor to execute same, subject to the satisfaction of the City Attorney. Strateqic Plan The continued exhibition of quality public art is in line with the Tourism and Marketing element of the City's Envision Palm Desert Strategic Plan. Specifically, the artwork installation contributes to: Priority 1: Improve access to Palm Desert and its attractions to enhance the ease of lifestyle. Background On November 15, 2012, City Council approved a two year, temporary loan of the Large Steel Root by Steve Tobin from the artist and Melissa Morgan Fine Art. Subsequent to the approval of the loan, the sculpture was installed in the Civic Center and has been Staff Report Large Steel Root Amendment No. 2 Page 2 of 2 September 22, 2016 well received by the public. The temporary exhibition period, as per the contract, was December 17, 2012 -- December 17, 2014. Due to the positive response to the sculpture, on January 22, 2015 staff retuned to City Council for an approval to amend the contract to extend the exhibition period for one year. The first amendment to the contract has expired and staff is seeking a second amendment to extend the loan through December 31, 2017. Melissa Morgan Fine Art and Steve Tobin have indicated that they are also in favor of the exhibition extension. Fiscal Analvsis There is no additional financial obligation as a result of this amendment. Submitted By: Deborah S. Glickman Management Analyst Approval: L thy, Interim Cit ger Department Head: AgE)- Ryan Stendell Director of Community Development Contract No. C32401 CONTRACT AMENDMENT NO. 2 FOR AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE THIS CONTRACT AMENDMENT NO. 2 (herein "Amendment") is made and entered into this 22nd day of September 2016, by and between the City of Palm Desert, California ("CITY"), Melissa Morgan Fine Art ("Gallery") in Palm Desert, California and Steve Tobin ("ARTIST") and artist represented by Melissa Morgan Fine Art in Palm Desert, Calfornia, for display of an artwork entitled "Large Steel Root" and also known as "Big, Big Root" (the "Sculpture") in the City of Palm Des.ert's Civic Center Park. The parties have heretofore entered into a contract ' dated November 15, 2012 and subsequently contract Amendment 1 dated January 22; 2015, desire to amend said contract. NOW, THEREFORE, the parties hereto agree as follows- 1 . Paragraph 4 of said agreement is amended to read as follows:. "4. Exhibition Period" - The "Exhibition Period" means a period during the approximate dates of December 17, 2012 and ending on December 311,2017:.The Exhibition Period may be shortened or extended in duration by mutual agreement between Gallery, Artist, and City. Notwithstanding the foregoing the City.,reserves`the right, in its sole discretion and with or without cause to decline or terminate exhibition At any time." 2. All other terms and conditions of the Agreement, as amended, shall remain unchanged and remain in full force. and effect. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. CITY OF PALM DESERT ROBERT A. SPEIGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK Contract No. C32401 ROBERT HARGREAVES, CITY ATTORNEY ARTIST: Dated: GALLERY REPRESENTATIVE [printed name and title] Melissa Morgan Fine Art 73040 El Paseo Palm Desert CA 92260 [Dated: ARTIST [printed name and title] Steve Tobin c/o Melissa Morgan Fine Art 73040 El Paseo Palm Desert CA 92260 r C32400 AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE This Agreement is entered into this 15th day of November 2012, by and between the City of Palm Desert, California ("CITY"), Melissa Morgan Fine Art ("Gallery") and Steve Tobin ("ARTIST"), for display of an artwork entitled "Large Steel Root" and also known as "Big, Big Root" (the "Sculpture") in the City of Palm Desert's Civic Center Park. RECITALS A. The Gallery and Artist desire to loan the Sculpture to the City for public display; and B. The Art in Public Places Commission and the Palm Desert City Council have approved a temporary exhibition of the Sculpture in a public place located in Civic Center Park ("Exhibition Site"). THEREFORE, for good and valuable consideration, including, without limitation, the mutual promises, conditions, and agreements set forth herein, the City, Gallery and Artist agree as follows: 1. Ownership Except as provided in Section 2, below, the Sculpture will remain the property of the Gallery or Artist. However, by virtue of this Agreement, City is entitled to possession, and the Gallery and Artist agree to relinquish possession of the Sculpture for the "Exhibition Period" described in Section 4, below. 2. Sale of Sculpture Gallery or Artist may sell the Sculpture during the term of this Agreement and, if sold, may assign his or her rights under this Agreement. However, under no circumstances shall sale of the Sculpture terminate this Agreement or adversely affect City's rights hereunder including, but not limited to, City's right of possession. Gallery or Artist shall notify City immediately upon sale of the Sculpture and include instruction regarding the party to whom the sculpture should be released. Regardless of sale, artwork must remain on its site for no less one (1) year and no more than two (2) years from the date of installation. Removal of the artwork from Exhibition Site is the sole 1 632400 financial responsibility of the City. The City must be notified at least two (2) weeks prior to removal in order to facilitate work orders for removal of the sculpture. 3. Reproduction Rights Gallery and Artist hereby grant City, in perpetuity, the right to photograph, film, videotape, or otherwise depict the Sculpture at any time during the Exhibition Period and to use such photographs, film, videotapes, or depictions at any time thereafter for purposes of promotion relating to the Exhibition or the City, provided that City gives artistic credit to the Artist concurrently with such uses. 4. Exhibition Period The "Exhibition Period" means a period during the approximate dates of December 17, 2012, and ending on December 17, 2014. The Exhibition Period may be shortened or extended in duration by mutual agreement between Gallery, Artist, and City. Notwithstanding the foregoing, City reserves the right, in its sole discretion and with or without cause, to decline or terminate exhibition at any time. 5. Transportation, Installation, Maintenance, and Removal 5.1 Transportation of the Sculpture to and from the Exhibition Site shall be the responsibility of Galley or Artist. City shall bear the crane cost of removal of sculpture from current location and installation and removal at Exhibition Site. "Reasonable Cost" means those sums set forth in Attachment "A", which is attached hereto and incorporated by this reference. Gallery or Artist will be responsible for supplying a truck for transportation to Exhibition Site. Once the Sculpture is removed from the Exhibition Site, it is solely the responsibility of the Gallery or Artist. 5.2 During the Exhibition Period, City shall be responsible for the maintenance of the Sculpture. City shall take reasonable steps to utilize the maintenance procedures and/or methods described by Gallery or Artist and set forth on Attachment "A", which is attached hereto and incorporated herein by this reference, but City reserves the right to decline implementation of any or all, or any part thereof, of such procedures and/or methods if circumstances, including but not limited to considerations of cost, render such implementation unreasonable. In the event City declines to implement such procedures and/or 2 C32400 methods, Gallery or Artist may undertake such procedures and/or methods at Gallery's or Artist's sole expense. 6. Liability for Damage or Injury 6.1 City shall insure the, Sculpture against damage or loss in the amount of three hundred twenty thousand dollars and no/100ths ($320,000.00), which the parties agree is the fair market value of the Sculpture and the extent of the City's liability in the event of its damage or loss. 6.2 City's obligation to provide insurance is solely for the duration of the Exhibition Period and only while the Sculpture is located on Exhibition Site. Gallery and Artist are responsible and liable for any damage or destruction that may occur during transportation of the Sculpture to and/or from the Exhibition Site, and during installation and deinstallation if Gallery or Artist is performing the installation and deinstallation. 6.3 Gallery and Artist shall indemnify and hold City harmless from any and all claims, losses, damages, injuries, and/or liabilities, of any kind whatsoever, including reasonable attorneys fees and costs, arising out of or related to the transportation, installation and/or deinstallation of the Sculpture if Gallery or Artist is performing the installation and deinstallation. Gallery and Artist shall further indemnify and hold City harmless from any and all claims, losses, damages, injuries and/or liabilities, of any kind whatsoever, including reasonable attorneys fees and costs, arising out of or related to defects of the Sculpture, faulty workmanship of the Artist, or any acts of negligence by Galley, Artist or Gallery or Artist's agents. 3 C32400 ' 7. Entire Agreement This Agreement represents the entire Agreement between City, Gallery, and Artist and no other representations, whether oral, written or implied, have been made nor may be relied upon by either City, Gallery, or Artist. This Agreement may be modified only by writing made after the date of this Agreement and signed by both City and Artist. B. Governing Law This Agreement is entered into in and shall be governed by the laws of the State of California. 9. Death of Artist In the event of Artist's death during the Exhibition Period, next of kin must contact City and provide name, address, and phone number of party who will be responsible for the sculpture for the remainder of the Exhibition Period. In the event of Gallery's closure, artwork will be returned to Artist at his sole expense. CITY OF PALM DESERT J rmDes ,(/fjm� Dated:or, City of Paert ATTEST: Dated: Ra elle D. Klassen, City erk 4 C32400 ARTIST: Dated: Gallery Representative vo, ( 0o, O1-e I) gar i a [printed name and title] Melissa Morgan Fine Art 73040 El Paseo Palm Desert CA 92260 Artist Dated: /5 - 71,9,0IM 5fg� 1��b [printed name and title] Steve Tobin c/o Melissa Morgan Fine Art 73040 El Paseo Palm Desert CA 92260 APPROVED AS TO FORM: David f Yin-',�-�Ity Attorney 5 MMMONWE&TH OF PENNSYLVANIA Nodal Seal Claire B. Dow, Notary Public Cwperstxug Bare, Lebtgh County (�yCgnnthslon _ .hme li 2015 EMBED MNXK46 M MUTWN 6F NgTMW CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of/i/I County of al On a a before me, D to Here Insert ame and The of the Officer personally appeared-��flrP� / O,/ Namets) of Signers) who 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. CAMMONVVMTH OF PENNSYLVANIA I certify under PENALTY OF PERJURY under the laws Notmiat seat i of the State of California that the foregoing paragraph is Claire B. Duran, Notary Public true and correct. CooperAurg Barn, Ld"h county My CM11riksbrt June 11, 2015 mmem PEt' crvANrs wy-&-r w nF Rarmigs WITNESS my hand and official seal. i Signature rrf �?�'. " 1/ Place Notary Seal Above Signature otary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description'of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 105100 Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association • 9350 De Solo Ave.. P.O- Box 2402 • Chatsworth, CA 91313-2402• www.NedonalNotaryorg Item ili Reorder Call Toll -Free 1-60o-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t County of P1 Ve'Y5t(1�G On before me.e4M'j f'e 2, Date Haas Inssrt 11P. and Tit a c Ih O er personalty appeared Yr�. t�X 1 ama s) o igner(s) ZENAIDA RAMIREZ Commission #r 1946031 Z i.M Notary Public - California A Z Riverside County My COMM. Expires Jul 30, 2015 who proved to me on the basis of satisfactory evidence to be the perso whose nam9Kis1a►& subscribed to the within instrument and acknowledged to me that he/shettherexecuted the same in His/her/their authorized capaciWiag rand that by hWherAi*r signatuxe(sj-tm the instrument the perso or the entity upon behalf of which the perso acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and icial I. Signature Place Notary Seat Above Sign re of tery oPrioroac r _ .._.� Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signei(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association - MW De Salo Ave., P.O. Box 2402-Chataworth,CA g1313-2402- www.NatronalNotW.org Item *59p7 Reorder. CaJiToD-Froe 1-B00-876-6627 •i� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of R! Uef% Onj017L Q1 /'Y X� t3 before me, /nSanchez, Date Here Insert Name and Title of the Officer personally appeared ✓uil C?, 1`10/nik Name(s) of Signer(s) M. G. SANCHEZ GO _ Commission all 1906339 < -: Notary Public - California s _ ' Riverside County My Comm Expires Oct 29, 2014 who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and 9ff icial seal. Place Notary Seal AbSignatureove gnature of N �� I is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the ocu nt and could prevent fraudulent removal and reattachment of this form to another documen Description of Attached Document / Title or Type of Document: Document Date: /V(w&/n6d- /b , / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual O C orate Officer — Title(s): ❑ Partne ❑Limited ©General ❑ Attorney in ct - - Top of thumb here El Trustee ❑ Guardian or Consery C7 Other: Signer Is Representing: Signer Name: ❑ Individu ❑ Corporate -cer — Title(' ❑ Partner — ❑ Li ' d © General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here �o�araa�wo�a�aSeo�eo-�Gsaa��a�aaaaurypt�,�aio.�we�,a��.re�.ray,�, 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 •www.Nationa[Notaryorg ilem N5907 Reorder: CallTdl•Ree 1.800-878-M27 C32400 ATTACHMENT A: Transportation, Installation, Maintenance, and Removal Methods and Associated Cost Artwork Transportation Installation/deinstallation coordinated and performed by City of Palm Desert. The City is responsible for the crane costs associated with removing Sculpture from its current location and placing it at Exhibition Site. Gallery or Artist is responsible for transporting Sculpture to Exhibition Site. Maintenance Requirements and Procedures Artist and Gallery specify maintenance procedures or methods to be followed by the City to maintain the artwork titled "Large Steel Roof' and also known as "Big, Big Root" as presented by Artist Steve Tobin. Specifics are as follows: 9 STEEE TOBIN, "STEEL ROOTS": LOAN PROPOSAL FOR CITY OF PALM DESERT Melissa Morgan Fine Art. 73040 El Paseo, Palm Desert Ca. POTENTIAL ARTWORK LOCATION IN CIVIC CENTER PARK Large Steel Root by Steve Tobin