Osborne, Janice / Art Donation - Galaxy of Colors 16DocuSign Envelope ID: 9BAB9549-0718-4622-A423-8C4B6206F442
ART DONATION AND ACCEPTANCE AGREEMENT
This Art Donation and Acceptance Agreement (the "Agreement") is entered into
this ..day of_ , 2017, by and between the City of La Quinta ("City") and Janice
Osborne, ("Donor").
WHEREAS, the City wishes to accept and the Donor wishes to donate an artwork
more fully described in Exhibit "A" attached hereto and incorporated herein by this
reference; and,
WHEREAS, the City desires to increase public awareness and exposure to the arts in
a cost effective manner for the general welfare and benefit of the City's residents; and,
WHEREAS, the Donor is interested in making the donation to the City to be
displayed at Civic Center Park.
NOW, THEREFORE, the parties hereto agree as follows:
1. The City shall accept the donation of the artwork described in Exhibit "A."
2. Donor agrees that the City shall place the artwork at Civic Center Park.
3. Donor agrees to special considerations as described in Exhibit "B."
4. This Agreement, consisting of 4 pages and 2 exhibits, embodies the entire
Agreement and understanding between the parties hereto, and there are no other
agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby, except as set
forth hereinabove.
5. No alteration, change or modification of the terms of the Agreement shall be valid
unless made in writing and signed by each party hereto and approved by
appropriate action of the City.
6. No waiver of performance by either party shall be construed as or operate as a
waiver of any subsequent default of any terms, covenants and conditions of this
Agreement.
7. This Agreement, regardless of where executed or performed, shall be governed by
and construed in accordance with the laws of the State of California.
8. In addition to any other rights or remedies and subject to the restrictions
otherwise set forth in this Agreement, either party may institute legal action to
seek specific performance of the terms of this Agreement, to recover damages, or
to obtain any other remedy, at law or in equity, consistent with the purpose of this
Agreement. Such legal actions must be instituted in the Superior Court of the
DocuSign Envelope ID: 9BAB9549-0718-4622-A423-8C4B6206F442
County of Riverside, in an appropriate Riverside County municipal court, or in the
Federal District Court in the district of California which includes Riverside County.
9. If any party to this Agreement brings a legal action or proceeding against another
party to enforce the provisions of this Agreement, or on account of a claim or
dispute arising out of this Agreement, then the prevailing party in such arbitration
or legal action or proceeding shall be entitled to reimbursement by the other party
of the legal fees and costs, including reasonable attorney fees, incurred by the
prevailing party in connection with the legal action or proceeding.
10. This Agreement shall be binding upon and shall inure to the benefit of the City and
the Donor, and their respective heirs, personal representatives, successors and
permitted assigns.
11. All notices, requests, demands and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given upon the delivery or receipt thereof, as the case
may be, if delivered personally or sent by registered or certified mail, returned
receipt requested, postage prepaid, as follows:
To the City:
To the Donor:
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Janice Osborne
47850 Via Opera
La Quinta, CA 92253
310.809.6099
12. With respect to acts, errors or omissions in the performance of Donor's obligations
hereunder, Donor agrees to indemnify and hold harmless the City and its officers,
agents, employees, and representatives from and against any and all claims,
demands, defense costs, liability or consequential damage of any kind or nature
arising out of Donor's (including its subcontractors, agents, employees, assigns or
licensees) negligent and/or willful acts, errors or omissions in the performance of
Donor's obligations under this Agreement.
13. With respect to acts, errors or omissions in the performance of the City's
obligations hereunder, the City agrees to indemnify and hold harmless Donor from
and against any and all claims, demands, defense costs, liability or consequential
damages of any kind or nature arising out of the City's (including its contractors')
negligent and/or willful acts, errors or omissions in the performance of the City's
obligations under this Agreement.
The foregoing indemnities shall be in effect without regard to the maintenance of
insurance coverage for any such loss, costs, claims, damages or expenses.
DocuSign Envelope ID: 9BAB9549-0718-4622-A423-8C4B6206F442
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first written below.
CITY
CITY OF LA QUINTA, a California municipal
corporation
Date By:
ATTEST:
Digitally signed by Frank J. Spevacek
DN: serialNumber=g8z17zn0v50w4d3x,
c=US, st=California, l=La Quinta, o=Frank J.
Spevacek, cn=Frank J. Spevacek
Date: 2017.02.03 11:30:43 -08'00'
FRANK J. SPEVACEK, City Manager
City of La Quinta, California
Digitally signed by Susan Maysels
DN: cn=Susan Maysels, o=City of La Quinta,
ou=Clerk's Office, email=smaysels@la-quinta.org,
c=US
Date: 2017.02.06 08:05:34 -08'00'
SUSAN MAYSELS, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Date 1/24/2017
DONOR:
0-stiovvu,
Janice Osborne "Donor"
.
DocuSign Envelope ID: 9BAB9549-0718-4622-A423-8C4B6206F442
.
DocuSign Envelope ID: 9BAB9549-0718-4622-A423-8C4B6206F442
TO: Frank J. Spevacek, City Manager
FROM: Lisa Chaudhry, Administrative Technician
DATE: January 27, 2017
RE: ART DONATION AND ACCEPTANCE AGREEMENT WITH JANICE OSBORNE
Attached for your signature is the Art Donation and Acceptance Agreement with
Janice Osborne for the “The Galaxy of Colors” sculpture.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
_X_ Repair and maintenance will be charged to account number: 270-000-60683.
N/A Amount of Agreement, Amendment, Change Order, etc.: $
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
_____ no reportable interests in LQ or ____ reportable interests
N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
_X_ Approved by the City Council on January 17, 2017
N/A City Manager’s signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less
N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (approved by Risk Manager on _____________ date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number ________________________
N/A Purchase Order number ______________________