Genovese, Rosemary/Art Donation 12ART DONATION AND ACCEPTANCE AGREEMENT
This Art D? atio nd Acceptance Agreement (the "Agreement") is entered into
this�bday of, 67 2012, by and between the City of La Quinta ("City") and
Rosemary Genovese, ("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 on the Civic Center Campus.
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 on the Civic Center Campus.
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 Donor.
6. 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subject matter hereof that are not merged herein and superseded hereby, except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.
7. 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.
8. 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.
9. This Agreement, regardless of where executed or performed, shall be governed
by and construed in accordance with the laws of the State of California.
10. 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.
11. 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.
12. 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.
13. 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
To the Donor: Rosemary Genovese
P.O. Box 664
La Verne, CA 91750
14. 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.
15. 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 3 • 2-3- Zo l L-
ATTEST:
SUSAN MAYSELS, City Jerk
City of La Quinta, California
APPROVED AS TO FORM:
CITY:
CITY OF LA QUINTA, a California
A municipal corporation
By: 1
DON AC LP Mayor
City of La Quinta, California
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
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.
15. With respect to acts, errorsor 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.
CITY:
CITY OF LA QUINTA, a California
A municipal corporation
Date 3 , 73• i01 y
DON AD PH, M or
City of La Quinta, California
ATTEST:.
5,t4*���L�U�1�J�t —�
SUSAN MAYSELS, CiIQ Clerk
City of La Quinta, California
APPROVED AS TO FORM: �{
// / A / )/
PVT. KATHERINE JENS-9N,/City Attorney.
City of La Quinta, Cal(fe(rnia
Date
DONOR:
"Donor"
EXHIBIT "A"
DESCRIPTION OF ARTWORK
This sculpture was created by well-known artist Jason Napier. It is a four -foot high
wolf that would be placed on a pedestal outside the City Manager's Office in the
landscape bed on the Civic Center Campus. The piece will be named "Leader of the
Pack" to represent his time as the City Manager in helping to make La Quinta the
"Gem of the Desert".
EXHIBIT "B"
REASONABLE COSTS
Expected costs for installing the pedestal should not exceed $500