CAC 03 08 2001w
CULTURAL ARTS COMMISSION AGENDA
La Quinta Civic Center Study Session Room
78-495 Calle Tampico - La Quinta, CA 92253
March 8, 2001
7:00 PM
I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. PUBLIC COMMENT
The Chair reserves the right to limit discussion on any topic to five minutes or less.
III. CONFIRMATION OF AGENDA
Corrections, deletions or reorganization of the agenda.
IV. CONSENT CALENDAR
A. Approval of Minutes of February 8, 2001
B. Arts in Public Places Financial Report February 2001
C. Department Report for January 2001
V. PUBLIC HEARING
VI. BUSINESS ITEMS
A. De Martino Artwork Modification
B. Map of Public Art Work
C. Community Picnic
D. Temporary Art Program
E. Round Table Presentation
VII. CORRESPONDENCE AND WRITTEN MATERIALS
A. John Kennedy Art Piece -Reynolds
VIII. COMMISSIONER ITEMS
A. Commissioner Woodard's Resignation-Shamis
IX. ADJOURNMENT
NEXT MEETING INFORMATION
April 12, 2001 7:00 PM
La Quinta Civic Center Study Session Room
S:\Community Services\CAComm\AGN03-08-01.wpd
IS. CONSENT CALENDAR B.
City of La Quinta
Recap Arts in Public Places
Available Funds
Deposits collected through development
Interest earned
City Contribution
Total Sources
Less expenditures:
Operating expenses
Maintenance expenses
Art purchased
Total Uses
02/28/01
Equity Available before encumbrances and committments:
Add back Accounts Payable
Reduction for Interest Receivable
Cash Available before encumbrances and committments:
Less Encumbrances -
Less Commitments:
Hwy 111 TDC - Credits
Hwy 111 TDC - Future
Louis De Martino
K.Emerson & A.Dematteis
Washington St. Bridge -Artwork Construction
Civic Center Art Purchase
Construction of Base for New Art Piece -City Hall
City Entrance Monuments
Obelisks Pilot Program -City Street Markers
Civic Center Campus
Water Feature - La Quinta Court
Phase 1 - Jefferson St Bridge Artwork
Total Commitments
Total available funds
02/28/01
(9,418.07)
(14,581.93)
(13,217.00)
(960.37)
0.00
(2,324.00)
(2,798.50)
0.00
(10,851.00)
(269,083.96)
(65,000.00)
(3,000.00)
$1,343,972.57
162,822.90
50,000.00
1,556,795.47
(22,225.02)
(700.00)
(904,841.92)
(927,766.94)
629,028.53
0.00
0.00
629,028.53
0.00
(391,234.83)
$237,793.70
File: APP.WK4
I 101
• 0
City of La Quinta
Arts in Public Places
Recap Expenditures
Inception to
02/28/01
Page 2
Total
Balance of
Art Purchases:
Commitments
Expended
Commitments
06/09/92
Adams/Truman PTA
846.00
$846.00
0.00
07/31/92
Hwy 111 TDC - Paid
47,578.99
47,578.99
0.00
07/31/92
Hwy 111TDC -Credits
10,810.63
1,392.56
9,418.07
07/31/92
Hwy 111 TDC - Future
36,610.38
22,028.45
14,581.93
12/15/1992
Ministrelli TT25429
15,000.00
15,000.00
0.00
04/14/93
Louis De Martino
73,500.00
60,283.00
13,217.00
06/29/94
K.Emerson & A.Dematteis
51,000.00
50,039.63
960.37
06/06/1995
Bear Creek Path Art Work
5,000.00
5,000.00
0.00
01/16/1996
Fritz Burns Park
16,786.00
16,786.00
0.00
05/21/1996
Rancho La Quinta - Paid
35,000.00
35,000.00
0.00
05/21/1996
Rancho La Quinta - Credit
35,000.00
35,000.00
0.00
12/17/96
Fritz Bums Park - Art Fernandez
37,000.00
37,000.00
0.00
06/17/97
Marcia Gibbons-L.Q. Car Wash
10,000.00
10,000.00
0.00
06/17/97
Eagle Hardware -Credit
43,000.00
43,000.00
0.00
05/05/98
Washington St. Bridge-Navarrete/Holmes & Nary
3,000.00
3,000.00
0.00
07/07/98
Landscaping for Artpiece-Hwy111Mash. St
18,800.00
18,800.00
0.00
09/15/98
Washington St. Bridge-Navarrete/Holmes & Nary
39,500.00
39,500.00
0.00
10/20/98
Washington St. Bridge -Artwork Construction
21,999.00
21,999.00
0.00
03/16/99
Civic Center Art Purchase
7,327.00
5,003.00
2,324.00
04/06/99
Construction of Base for New Art Piece -City Hall
4,000.00
1,201.50
2,798.50
05/18/99
City Entrance Monuments
299,713.00
299,713.00
0.00
07/01/99
Obelisks Pilot Program -City Street Markers
35,312.00
24,461.00
10,851.00
09/07/99
City Entrance Monument Right -of -Way (#655)
15,000.00
15,000.00
0.00
01/18/2000
Civic Center Campus
348,600.00
79,516.04
269,083.96
05/02/00
Construction of Base for New Art Piece -City Hail
2,693.75
2,693.75
0.00
02/06/01
Original concept water feature/LQ Court
65,000.00
0.00
65,000.00
Phase 1 - Jefferson St Bridge Artwork
3,000.00
0.00
3,000.00
Total Art Purchases
$1281076.75 $889,841.92 $391,234.83
015
File: APP.WK4
0
City of La Quinta
Arts in Public Places
Recap Expenditures
Inception to 02/28/01 Page 1
Operating Expenses:
Expended
Conference - Phoenix
07/24/92
Bank of America 821.66
07/31/92
Meg Robertson 244.08
$1,065.74
10/15/92
A.E.S.
23.70
01/12/93
Jerry Allan
2,275.00
03/10/93
Regents - University of Calif.
105.00
03/31/93
Martin & Chapman
242.05
03/31/94
City of La Quinta Admin Fee
6,000.00
05/10/95
Rositas Shamis - Reimburse for supplies
35.91
06/30/98
Charrie Chappie Travel
325.21
O6/30/98
Elaine Reynolds Travel
360.61
06/30/98
Rosita Shamis Travel
2,141.01
06/30/98
Susan Benay Travel
1,125.32
06/30/98
Americans For The Arts Registration
150.00
09/30/98
Susan Benay Travel - Reverse
(1,125.32)
01/25/99
Art in La Quinta Inserts (Arrow Printing)
1,150.00
05/07/99
Recreation Brochures
473.50
05/29/99
Summer Brochures (Arrow Printing)
1,239.13
06/30/99
Patrick Welch - Anderson Travel
428.00
06/30/99
Welch/Reynolds - Atlanta Hilton
1,313.28
06/30/99
Susan Benay - Best Western
245.00
06/30/99
Ca Assembly of Local Arts
199.00
06/30/99
Welch/Reynolds - Americans for the Arts Reg.
600.00
06/30/99
Susan Benay - Travel
272.36
08/19/99
US Postmaster: 05/19/1999 Appropriation -Summer Brochure
160.00
08/29/99
Arrow Printing - brochures
1,481.60
11/29/99
CA Assembly of Local Arts
75.00
12/14/99
US Postmaster: Brochure
160.00
01/08/00
Arrow Printing - Brochures
1,636.75
02/11/00
Travel & Conference - Credit
(931.64)
03/06/00
Americans for the Arts
150.00
5/2/00
U S Postmaster - postage
160.00
6/30/00
Russell Jacques - Art Base
693.75
7/31/00
Russell Jacques - Art Base
(693.75)
8/00
Maintenance -art piece
500.00
8/00
Global Mural Conference 2000
100.00
8/00
U.S. Postmaster: Brochure
320.00
9/00
Reclassify maint. to separate account
(500.00)
2/01
Art Wall Certificates
268.81
Total Operating Expenses
$22,225.02
Art Maintenance Expenses authorized by Council:
8/00 reclassify Aug. pmt $500.00
9/00 Maintenance -art piece $200.00
Total Art Maintenance Costs charged to APP $700.00
File: APP.WK4
• INGCONSENT CALENDAR C.
� T
OF TNT
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO
DATE: FEBRUARY 20, 2001
SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE
MONTH OF JANUARY 2001
UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF MARCH
2001:
March 2
*Play Reading Workshop
March 5
*Putting Contest
March 5
Beginning Computers, La Quinta Boys & Girls Club
March 6
*Advanced Bridge Lessons
March 6
*Watercolor Lessons
March 6
*Writing for Profit and Pleasure
March 6
Polaroid Transfer Photography, La Quinta Senior Center
March 7
*Intermediate Bridge Lessons
March 7
Intermediate Computers, La Quinta Boys & Girls Club
March 7
Photo Deluxe 2, La Quinta Senior Center
March 8
Photo Deluxe 2, La Quinta Senior Center
March 9
*Conversational Spanish Lessons
March 10
Mastering Microsoft Access, La Quinta Boys & Girls Club
March 10
South of the Border-Algodones, Mexico Shopping Trip
March 12
*Stained Glass Workshop
March 13
*Free Health Screening
March 13
"Diabetes -Sound the Alert" Seminar
March 13
Beginning Yoga, La Quinta High School Dance Room
March 13
Continuing Yoga, La Quinta High School Dance Room
March 15
*St. Patrick's Day Luncheon
March 15
Beginning Yoga, La Quinta High School Dance Room
March 15
*St. Patrick's Luncheon
March 17
My Own Art Instruction, La Quinta Senior Center
March 19
*The Art of Rug Hooking
March 19
*Free Financial Counseling
March 21
*Senior Sports Day
March 22
Culture in the Courtyard, La Quinta Civic Center Courtyard
March 27
*Dog Training Workshop
March 28
Pilates, La Quinta High School Dance Room
March 29
Fashion Island Shopping Trip, Newport Beach
March 31
2-on-2 Grass Volleyball Tournament
* Senior Center Program, Class or Event
Community Services Department
Attendance Report for the Month of January 2001
Summary Sheet
Program 2001 2000 Variance Meetings Per Month
2001 2000
Leisure Classes
312
112
200
27
8
Special Events
20
15
5
1
1
Adult Sports
552
300
252
12
12
Senior Center
2425
2362
63
163
134
Total
3309
2789
520
203
155
Senior Services
Senior Center
845
974
-129
17
14
Total
845
974
-129
17
14
Sports Complex Use
AYSO Soccer
1350
1100
250
20
16
Total
1350
1100
250
20
16
Total Programs
5504
4863
641
240
185
Volunteer Hours
Senior Center
799
787
12
Meals on Wheels
64
47
17
Total Volunteer Hours
863
834
29
Monthly Revenue
Senior Center
$13,108.00
$ 14,228.00
$ (1,120.00)
Community Services
$14,324.00
$ 9,541.00
$ 4,783.00
Rental Income
$ 1,017.50
$ 1,305.00
$ (287.50)
Total Revenue
$ 28,449.50
$ 25,074.00
$ 3,375.50
Revenue Year to Date
Senior Center
$ 37,807.00
$
37,309.94
$
497.18
Community Services
$ 36,569.85
$
24,946.10
$
2,082.75
Rentallncome
$ 7,426.50
$
4,348.00
$
3,076.50
Total Revenue to Date
$ 81,803.35
$
66,604.04
$
5,656.43
016
r
Community Services Program Report for January 2001
2001 2001 2000 2000
2nn1 2nnn
Participants
Total Participation
Participants
Total Participation
Variance
Meetings
Meetings
Leisure Classes
Beginning Yoga, Tu.
27
81
0
0
81
3
0
Beginning Yoga, Th.
15
30
0
0
30
2
0
English Riding Lessons
6
12
0
0
12
2
0
Basic Cake Decorating
3
9
0
0
9
3
0
Learn to Draw
14
28
0
0
28
2
0
Photo Deluxe 2
5
15
0
0
15
3
0
Latin Ballroom Dance
22
44
13
26
18
2
2
Conversational French
20
40
28
46
-6
2
2
Beg. Computers Mon.
10
20
10
20
0
2
2
Pilates
6
18
0
0
18
3
0
Int. Computers Wed.
5
15
10
20
-51
3
2
Totals
1331
3121
611
1121
2001
27 1
8
2001 2001 2000 2000
2001 2000
Participants
Total Participation
Participants
Total Participation
Variance
Meetings
Meetin s
Special Events
Culture in the Courtyard
20
20
15
15
5
1
1
Totals
20
20
15
15
5
1
1
2001 2001 2000 2000
2001 2000
Participants
Total Participation
Participants
Total Participation
Variance
Meetings
Meetings
Adult Sports
Open Basketball M/T
72
72
60
60
12
8
9
Adult Soccer League
120
480
80
240
240
4
3
Totals
1 192
552
140
300
252
12
12
Recreation Totals 3451 8841 2161 4271 4571 40 21
Page 2
019
Senior Center Attendance
2001
2001
2000
2000
Registered
Total..a
istered
Total
Meetings
Participants
participation
artici ants
Participation
ariance
2001
2000
Senior Activities
Ballroom Dance, Complimentary
15
15
11
11
4
1
1
Bridge, ACBL
323
323
266
266
57
5
4
Bridge, Duplicate/Social
542
542
531
531
11
10
12
Dog Training, Complimentary
10
10
0
0
10
1
0
Golden Tones
51
51
92
92
-41
4
7
Ice Cream Social
52
52
14
14
38
6
2
Monthly Birthday Party
36
36
42
42
-6
1
1
Monthly Luncheon
92
92
98
98
-6
1
Movie Time
70
70
61
61
9
8
8
Putting Contest
7
7
7
7
0
1
1
Television Viewing
29
29
46
46
-17
n/a
n/a
Tennis
152
152
192
192
-40
12
12
Tennis Social
25
25
17
17
8
1
1
Senior Activity To a
1404
1404
1377
1377
27
50
50
enior Leisure Courses
Ballroom Dance
18
33
14
29
4
4
3
Ceramics
11
31
13
36
-5
4
3
Computer
46
70
98
142
-72
15
19
Dog Training Class
7
25
3
3
22
4
1
Exercise
49
384
63
411
-27
11
12
Music Magic
8
19
0
0
19
3
0
Spanish Lessons
9
14
20
55
-41
3
4
Stained Glass
9
18
0
0
18
2
0
Watercolor
10
37
0
0
37
4
0
Senior Leisure Courses o a
167
631
211
676
-45
50
42
Senior Leisure Classes
Arts and Crafts
17
17
18
18
-1
51
4
Bridge Lessons
151
151
107
107
44
8
6
Computer Tutor
23
23
19
19
4
20
7
Painting
32
32
35
35
-3
5
4
Quilting
30
30
45
45
-15
4
4
Rug Hooking
12
12
0
0
12
3
0
Tai Chi
21
21
22
22
-1
3
4
Tap Dance
38
38
34
34
4
6
5
Woodcarving
28
28
0
0
28
4
0
Writing for Profit
38
38
29
29
9
5
8
enior Leisure Classes o a
390
390
309
309
81
63
42
1961
2425
1897
2362
63
163
134
enior ervices
A.A.R.P. "55 Alive"
54
54
52
52
2
2
2
Ambassadors
98
98
93
93
5
n/a
n/a
Bono's Mobile Office
8
8
1
1
7
1
1
FIND Food Distribution
329
329
440
440
-111
4
4
Health Screenings
34
34
43
43
-9
2
4
I.I.D. Energy Assistance
12
12
0
0
12
4
0
1.1.D. Energy Assistance/No fee
2
2
0
0
2
1
0
Information/Referral/Outreach
281
281
309
309
-28
n/a
n/a
Legal Consultation
17
17
13
13
4
1
2
Medicare Consultation
6
6
20
20
-14
n/a
n/a
Share Meetings/Sign-up
4
4
3
3
1
2
1
845
845
974
974
-129
17
14
SENIOR CENTER TOTAL
2806
3270
2871
3336
-68
180
148
Page 3
-r-0 0 A. BUSINESS ITEM A.
T� 4 4v
F
C 4�
OF
CULTURAL ARTS COMMISSION MEETING
DATE: March 8, 2001
ITEM TITLE: De Martino Artwork Modification
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
At the December 14, 2000 Cultural Arts Commission, Mr. Louis De Martino presented
ideas for improving the art piece on the northeast corner of Washington Street and
Hwy. 111. Mr. De Martino would like to install a larger lucite gem, remove the dark
patina from the bronze and enhance the base color of the gem.
Mr. De Martino will get permission from Mr. Shovlin regarding making modifications
to the art piece and will perform modification on the back side of the art piece to see
how the modifications will affect the gem. Once Mr. De Martino has completed this
trial modification, Mr. De Martino will make a presentation to the Cultural Arts
Commission for consideration. The City Council has addressed the issue of
modifications to the art piece, to enhance the appearance of the art piece. Once the
Commission reviews the modifications, the Commission's recommendations will be
forwarded to the City Council for consideration.
Staff will present an update at the Cultural Arts Commission meeting.
ALTERNATIVES:
The alternatives available to the Commission are:
Provide staff with direction.
itv Services Director
021
SACommunity Services\CAComm\CACRPT.252.De Martino Artwork.wpd
* VI. BUSINESS ITEM B.
CULTURAL ARTS COMMISSION MEETING
DATE: March 8, 2001
ITEM TITLE: Map of Public Art Work
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
At the January 8, 2001 Cultural Arts Commission meeting, the Commission discussed
the possibility of producing a map with the location of public art work. The
Commission agreed to begin calling cities to gather information on the cost of their
publication and methods of distribution.
At the February 8, 2001 Commission meeting, the Commission took formal action in
directing the Commissioners to begin compiling information regarding the City's public
art pieces. This information will then be used to develop a program in which the City's
public art work can be cataloged and presented to the City Council for consideration
in regards to a public art work map. Commissioner Diamond spent several hours
reviewing files and compiling information regarding the public art work.
Staff also met with the publisher of the Chamber of Commerce map to discuss
identifying the locations of the public art on the next map that is anticipated to be
distributed in October, 2001. A list of the locations along with the name of the art
piece has been provided to the Chamber of Commerce. It is anticipated that staff will
have an opportunity to review the information before the map goes to the printer.
ALTERNATIVES:
The alternatives available to the Commission are:
it Prlide staff with direction.
Dodie Horvitz,
Services Director
02,41
S:\Community Services\CAComm\CACRPT. 253. Public Artwork Map.wpd
. A. BUSINESS ITEM C.
CULTURAL ARTS COMMISSION MEETING
DATE: March 8, 2001
ITEM TITLE: Community Picnic
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
At the February 8, 2001 Cultural Arts Commission, the Commission discussed
promoting the arts through a booth at the Community Picnic. Staff stated that each
booth at the picnic is requested to provide an interactive activity for participants.
The Commission discussed some concepts at the this meeting, however, requested
that this item be placed on the March 8, 2001 agenda for discussion. The Community
Picnic is Saturday, April 28, 2001 from 10:00 a.m. to 1:00 p.m. at Fritz Burns Park.
The Cultural Arts Commission had purchased a key ring to be distributed at last year's
picnic with the slogan " A Heart for the Arts City of La Quinta" on it. There are several
of these key rings available for this year's picnic. The Commission also has a budget
of $300 for the purchase of promotional items for the City of La Quinta, under the
Community Workshop line item.
Staff has several catalogs with promotional items that may be purchased with the
City's logo on it. Should the Commission desire, one or two Commissioners may be
selected to choice a promotional item from the catalogs to be distributed at the
Community Picnic.
The Commission may wish to select an idea for an interactive booth at Picnic. The
Commissioners will be required to man the booth.
ALTERNATIVES:
The alternatives available to the Commission are:
1. Approve the participation in the Community Picnic; select one or two
SACommunity Services\CAComm\CACRPT.254.Community Picnic.wpd C? 2 3
• , VI. BUSINESS ITEM D.
h
ti5
CULTURAL ARTS COMMISSION MEETING
DATE: March 8, 2001
ITEM TITLE: Temporary Art Program
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
At the February 8, 2001 Cultural Arts Commission, the Commission discussed the use
of the Art in Public Places funds for the Temporary Art Program. The Commission
would like to fund the installation costs, insurance and possibly offer the artist a
stipend while their work is on display in the City.
According to an opinion by the City's legal counsel, the APP funds were not intended
to be spent on artwork that the City does not own. Therefore, funding for the
Temporary Art Program would have to be identified from another source.
Attachment A is the Temporary Art Program guidelines for the Commission's
information.
ALTERNATIVES:
The alternatives available to the Commission are:
1. Pro
1.
Y
4Doie rvitz,
Attachment A:
e staff with direction.
Services Director
Temporary Art Program Guidelines
025
S:\Community Services\CAComm\CACRPT.255.Temporary Art.wpd
• 00 ATTACHMENT A
AGREEMENT FOR TEMPORARY DONATION
AND
ACCEPTANCE AGREEMENT
This Temporary Donation and Acceptance Agreement (the "Agreement") is entered into this
day of 1998, by and between the City of La Quinta ("City") and
— (`Donor').
WHEREAS, the City wishes to accept and the Donor wishes to donate on a temporary basis
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 temporary donation to the City to be
displayed at the City's discretion.
NOW, TTEREFORE, the parties hereto agree as follows:
1. The City shall accept the temporary donation of the artwork described in Exhibit "A" for a
period of
2. Donor agrees that the City shall have sole and absolute determination as to the location and
placement of the artwork. In the event Donor does not approve of the proposed location this
Agreement may be canceled.
3. All transportation and installation, costs for display at the City's identified location shall be
borne by the Donor. All plans and installations for the artwork shall be approved by the
appropriate City and/or other government officials.
4. Donor shall provide City with written instructions for appropriate maintenance and
preservation of the artwork and shall either provide such service to the City or provide
sufficient funds to provide for that service during the period of the donation.
5. Donor agrees that the entire risk of loss or damage to the artwork is borne by the Donor
throughout the entire period of the donation as well as installation and removal costs. Donor
shall provide for all insurance covering the risk of loss or damage to the artwork.
6. In the event that the City determines, at its sole discretion, that it no longer desires to display
the artwork, then this Agreement may be terminated upon a thirty (30) days notice and the
artwork shall be removed by the Donor at no cost to City within twenty-one (21) days of the
Notice of Termination by the City. City shall have the right to dispose of any artwork which
has not been removed pursuant to the Notice under this paragraph, or within 30 days after
the expiration of the donation period where no early termination notice is provided. Such
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Temporary Donation and Acceptance Agreement
failure to remove the artwork shall be deemed to transfer the temporary donation into a
permanent donation with the City obtaining full title to the artwork.
In the event that the City determines, at its sole discretion, that it no longer desires to display
the artwork, then this Agreement may be terminated upon a thirty (30) days notice and the
artwork shall be removed by the Donor at no cost to City within twenty-one (21) days of the
Notice of Termination by the City. City shall have the right to dispose of any artwork which
has not been removed pursuant to the Notice under this paragraph, or within 30 days after
the expiration of the donation period where no early termination notice is provided. Such
failure to remove the artwork shall be deemed to transfer the temporary donation into a
permanent donation with the City obtaining full title to the artwork.
7. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 gI
sue., and all other rights in and to the Artwork except ownership and possession, except as
such rights are limited by this Agreement.
A plaque identifying the Donor and/or artist shall be installed and maintained near the
artwork, by the City.
9. This Agreement, consisting of pages and 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.
10. 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.
11. 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.
12. This Agreement, regardless of where executed or performed, shall be governed by and
construed in accordance with the laws of the State of California.
13. 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.
14. 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
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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.
15. 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.
16. 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:
a. if to the City, to:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: Community Services Director
b. if to the Donor, to:
17. 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.
18. 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 wilful 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first written below.
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Temporary Donation and Acceptance Agreement
Date
ATTEST:
JUNE GREEK, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
Date
CITY:
CITY OF LA QUINTA, a California
municipal corporation
By:
JOHN PENA, Mayor
City ofLa Quinta, California
DONOR:
"Donor"
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Temporary Donation and Acceptance Agreement
EXHIBIT "A"
DESCRIPTION OF ARTWORK
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I. BUSINESS ITEM E.
U S
5
CULTURAL ARTS COMMISSION MEETING
DATE: March 8, 2001
ITEM TITLE: Round Table Presentation
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
At the February 8, 2001 Cultural Arts Commission, the Commission discussed the
possibility of offering a Round Table Presentation as follow up on the items discussed
at the Symposium.
ALTERNATIVES:
The alternatives available to the Commission are:
1. 1Provide staff with direction.
Dodie Horvitf, CoNmunity Services Director
C-
S:\Community Services\CAComm\CACRPT.256.Roundtable Presentation. wpd
ry
VII. COV. & WRITTEN MATERIAL A.
ems-1
by Elaine
February 23, 2001
Mayor John Pena and City Council Members
PO Box 1504
La Quinta CA 92253
Dear Mayor John Pena and City Council Members:
The southeast corner of Washington and Highway 111 is too important a corner not
to have a significant piece of sculpture. Enclosed you will see photographs of the
sculpture created by John Kennedy at the Barbara Sinatra Children's Center in
Rancho Mirage. Mr. Kennedy has stated he would do a sculpture for the above
corner for the foundry cost plus 20% which he will in turn will donate to the La
Quinta Arts Foundation for its building fund.
Here is a local, world famous artist who loves La Quinta -- he is someone we know
and we can count on for his integrity and workmanship.
On March 101) I will present the enclosed pictures to the Cultural Arts Commission
for their review. There have been no promises made to anyone.
John's piece of art could be a woman with open arms -- "Welcome to La Quints!".
This is a wonderful opportunity for La Quinta to again be a leader in the art world.
Please do not let this opportunity pass you by.
Sin erely,
PainReynolds
49-294 Ave. Vista Bonita
La Quinta, CA 92253
G3�
�UINTA ARTS ASSOCIATIvi _
NEW
SLETTER MARCH - 2001
ASSOCIATION MEETING
Desert Sands Unified School District - 47 950 Dune Palms Road - La Quinta
MARCH 5 - 7PM
PROGRAM
(3WENDOL.IN ROSE
BRIDGING THE GAP BETWEEN PAINTING AND SCULPTURE
and A Special Guest Cathy O'Connell will speak on "Marketing Your Art"
HERITAGE PALMS COUNTRY CLUB SHOW
Thank you for a beautiful Art Show - and Thank all of you who worked
so hard on it, and the many hours it all took to make it a success- even
with the change of location. We can all be proud of our wonderful group of artists.
Remember you must be a paid member to participate in our shows.
SAT MARCH 31, 2000 - INDOOR SHOW PALM DESERT RECREATION DEPT
WE WILL HAVE PUBLICITY
Call Gwen Hughes 775-2091 or 564-2284
CALL FOR ARTISTS
Call for artists - WITH PAY - La Quinta Arts Foundation
Call Jana Barbie at 564-1244
They need artists that love children and enjoy teaching - hands on projects after school
in conjunction with "Great Works of Art" program
Call for Artists - Cancer Survivors can show their Art - at a special show
Palm Desert Public Library Thursday April 26th 2pm - 4:30pm
American Cancer Society is looking for artists who are Cancer Survivors
to display their Art at this event - For more information please call
760 568-2691 Eat #3 Palm Desert Area Office
Guest Speaker Lawrence Cone MD - Oncologist Eisenhower Medical Center
Call for Artists - SPRINGFEST - Palm Desert Community Park
Sunday March 25 2001 12noon to 4pm
No Selling at the Show, you can give out business cards, no commission, no entry fee
No Jewelry or Ceramics if ion are interested call 564-4880
*La Quinta City Hall "Culture in the Courtyard" Thurs March 29, 2001-1Oam-11:30
* We need a volunteer to touch up our Art Show Signs - call 568-1880 PLEASE
* Artists Beware - Please-- It came to my attention at a recent art show a person was
taking pictures on a digital camera of the artists artwork He did ask their permission,
some don't Please be aware this person could reproduce your art very easily and sell
and market it in another part of the country or part of the world, so I would suggest
you not give them permission unless you know where YOUR ART is going and why is
it being photographed
HOPE TO SEE EVERYONE AT THE MEETING
The true artist will let his wife starve, his children go barefoot, his mother drudge for his
living at seventy, sooner than work at anything but his art. Geo Bernard Shaw 1856-1950
�3 f