Nelson, Marla / Art Donation 17ART DONATION AND ACCEPTANCE AGREEMENT
This Art Donation and Acceptance Agreement (the "Agreement") is entered into
this Zl day of rE , 2017, by and between the City of La Quinta ("City") and
(Marla Nelson, ("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 the Wellness Center.
NOW, THEREFORE, the parties hereto agree as follows:
L The City shall accept the donation of the artwork described in Exhibit "A,"
2. Donor agrees that the City shall place the artwork at the Wellness Center.
3. This Agreement, consisting of 3 pages and t 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subject matter hereof that are not merged herein and superseded hereby,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.
4. 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.
5. 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.
b. This Agreement, regardless of where executed or performed, shall be governed
by and construed in accordance with the laws of the State of California.
7. 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 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.
8. If any party to this Agreement brings a legal action or proceeding against
another party to enforce the previsions 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.
9. 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.
10. 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: City of La Quints
78495 Calle Tampico
La Quints, CA 92253
To the Donor: Marla Nelson
2332 E. Glenoaks Blvd.
Glendale, CA 91206
818.545.8167
11. 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.
12. 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, casts, claims, damages or expenses.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first written below,
Date
ATTEST:
'sk— � �L�
SUSAN MAYSELS, City Clerk
City of La Quinta, California
�' • 619 r flffrl.�''�iu
WILLIAM H. IHRKE, City Attorney
City of Lo Quinto, California
CITY
CITY OF LA QUINTA, a California municipal
corporation
Digitally signed by Frank Spevacek
/ DN: cn=Frank Spevacek, o=City of La
_ Quinta,ou=City Manager,
email=fs pevace k@ l a-q u i nta.o rg,
p`,r c=US
p) r) r"'m.na»nuiaas_mnn
FRANK J. SPEVACEK, City Manager
City of La Quinta, California
DONOR:
Date 0-49v. 't7
Marla Nelson "Donor"
EXHIBIT "A"`
DESCRIPTION OF ARTWORK
"Cactus Garden in La Quinta" is an acrylic on canvas painting that is 3+6" x 24" in size
without a frame. The painting is valued at $4,500.
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Lisa Chaudhry, Administrative Technician
DATE: April 26, 2017
RE: ART DONATION AND ACCEPTANCE AGREEMENT WITH MARLA NELSON
Attached for your signature is the Art Donation and Acceptance Agreement with Marla
Nelson for an acrylic on canvas painting, "Cactus Garden in La Quinta."
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: 270-0000-60683.
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: AGR2017-0029
_X_ Approved by the City Council on April 4, 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