Ostbye, Kjell/Library Quilt Donation 08ART DONATION AND ACCEPTANCE AGREEMENT
This Art Donation and Acceptance Agreement (the "Agreement") is entered into
this L1 day of February, 2008, by and between the City of La Quinta ("City") and Kiell
Ostbye, ("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 La Quinta Library.
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 the La Quinta Library.
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.
5. A plaque identifying the Donor and/or artist shall be installed and maintained
near the artwork, by the City.
6. If the City is no longer able to display the Artwork, it will make a reasonable
effort to return the Artwork to the Donor. If unable to contact the Donor, the
City shall have no obligation to preserve the Artwork.
7. 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subject matter hereof that are not merged herein and superseded hereby, except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.
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8. 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.
9. 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.
10. This Agreement, regardless of where executed or performed, shall be governed
by and construed in accordance with the laws of the State of California.
11. 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.
12. 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.
13. 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.
14. 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 Quinta
Attn: Community Services Director
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
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To the Donor: Kjell Ostbye
79-633 Pomo
La Quinta, CA 92253
760-771-4050
15. The Donor shall notify the City of changes in address. The City shall take
reasonable effort(s) to locate the Donor when matters arise relating to the
Donor's rights under this Agreement.
16. 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.
17. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first written below.
Date
CITY:
CITY OF LA QUINTA, a California
A municipal corporation
By:
DON ADO H, M y r
City of La Quinta, alifornia
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ATTEST:
City of La
APPROVED AS TO FORM:
M. KATHE INE JENSON, City Attorney
City of La Quinta, California
DONOR:
Date 2/7 0
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EXHIBIT "A"
DESCRIPTION OF ARTWORK
This crossword themed quilt is black and white with red piping and lettering.
Pronounced hand stitching lends a unique charm to the memorial. The border is a
printed fabric with a collaged newspaper motif. The puzzle's answers, stitched in red
capital letters, refer to quilting terms. It is 62" x 62" and will be encased and
mounted.
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EXHIBIT "B"
REASONABLE COSTS
Expected costs for installing the quilt include commissioning a plaque and safely
hanging the case. The total cost for this should not exceed $250.
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