2023-26 Agua Caliente Cultural Museum - La Quinta Museum Loan AgreementAGUA CALIENTE
CULTURAL MUSEUM
140 NORTH INDIAN CANYON WAY, PALM SPRINGS, CA 92262
Outgoing Loan Agreement
Agreement: The Agua Caliente Cultural Museum "ACCM" agrees to lend, and the Borrower agrees to receive the loaned
object(s) described herein for the purposes and subject to the terms and conditions set forth.
Exhibition Title, Dates on View: 6/01 /2023 - 6/01 /2026
Borrower:
Institution name: La Quinta Museum
Address: 77-885 Avenida Montezuma, La Quinta, CA 92253
Contact person, title: Sharla Fox, Executive Director
Email: sharia.fox@rivlib.net
Phone: 760-777-7170
Location of Exhibition if different from above: N/A
Address: N/A
Contact person, title: N/A
Email;N/A
Phone: N/A
Term of Loan: 5/18/2023 - 6/01 /2026
Obiect(s)/Artifact(s)/Work(s) of Art:
Valuation:
NA2004.001.002—Taxidermy Roadrunner _____________________________________$100.00
NA2004.001.006 - Taxidermy Bighorn Sheep _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
__________$3,500.00
NA2004.001.009 - Taxidermy Southern Yellow Bat _
_ _ _ _ _ _ _ $100.00
NA2004.001.010-TaxidermnySouthern Yellow Bat ________________________________
$100.00
NA2004.001.011 -Taxidermy Sidewinder______________________________________
$50.00
NA2004.001.013 - Taxidermy Desert Iguana ____________________________________$150.00
NA2004.001.015 -Taxidermy Prong Horn Deer __________________________________$3,500.00
NA2004.001.016 - Replica Granary_________________________________________
$500.00
NA2004.001.018- Taxidermy Rubber Diamond Back Rattlesnake _________________________
$50.00
NA2004.001.019a-b - Replica Barrel Cactus (a) and Replica Brittlebush (b) _ _ _ _ _ __ _ _
_ _ _ _ __ _ _ _ _ _ $300.00
NA2004.001.021a-b- Taxidermy Gambil'sQuail (x2)________________________________$100.00
Insurance: Total Insured Value of Loan = $8,450.00
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AGUA CALIENTfi
CULTURAL MUSEUM
140 NORTH INDIAN CANYON WAY, PALM SPRINGS, CA 92262
GENERAL CONDITIONS
Agua Caliente Cultural Museum (ACCM) agrees to lend the object(s) listed on the loan agreement (or the attachment to the loan
agreement). The loaned item(s) may be used for the purpose and duration mentioned in this loan agreement only. ACCM must
consent in writing to any extension or renewal of the term of the loan. Item(s) are to be returned to ACCM at the end of loan term
without delay and special request. The loan conditions apply for the duration of the term of the loan agreement, as well as the
entire time that Borrower is in possession of the Object(s) including the time that the Object(s) is being transported. The credit line
used for all loaned exhibit related materials must read Courtesy of Agua Caliente Cultural Museum.
The Borrower will exercise the same care with respect to the object(s) referred to on the reverse as it does in the safekeeping of
comparable property of its own. Objects borrowed shall be given special care at all times to insure against loss, damage, or
deterioration. The Borrower agrees to meet or comply with any special requirements/instructions regarding installation and
handling as noted on in this Agreement, or any supplement thereto. ACCM may require an inspection and approval of the actual
installation by a member of its staff as a condition of the loan at the expense of the Borrower. Upon receipt and prior to return of
the objects. Borrower agrees to make a written record of the condition. ACCM is to be notified immediately, followed by a full
written report, including photographs if damage or loss is discovered. No object may be altered, cleaned, or repaired without the
written permission of ACCM. Objects must be maintained in a building equipped to protect objects from fire, smoke, or flood
damage; under 24-hour security (physical or electronic), and protected from extreme temperatures and humidity, excessive light,
and from insects, vermin, dirt, or other environmental hazards. Objects must be handled only by experienced personnel and be
secured from damage and theft by appropriate brackets, railings, display cases, and other responsible means.
ACCM may or may not have full legal title and copyright to the object(s) listed on the face of this Agreement. The Borrower hereby
agrees to indemnify and defend ACCM against, and to hold it harmless from, any liability including attorney's fees and the costs of
defending any actions arising out of claims by individuals, institutions, or other persons claiming full or partial title or copyright to
any of such object(s).
COSTS
Unless otherwise noted, all packing, transportation, customs, insurance, and other loan -related costs shall be borne by the
Borrower. All costs related to the loan shall be confirmed in advance. Neither party to this agreement has the right to make any
financial or other commitments on behalf of the other party without previous agreement.
PACKING AND TRANSPORT
ACCM certifies that object(s) lent are in good condition and will withstand ordinary strains of packing and transportation. Evidence
of damage to the object(s) at the time of receipt or while in Borrower's custody will be reported immediately to ACCM. The object(s)
must be packed with appropriate materials designed to give maximum protection to the object(s) and repacked and shipped for
return in the same materials as received unless otherwise authorized by ACCM pursuant to written instructions. Unpacking and
repacking must be done by staff properly trained to handle the loaned object(a) and with the same or similar material, and by the
same methods as the objects were received. Costs of transportation and packing will be borne by the Borrower unless the loan is at
ACCM's request. The choice of transport agent must be agreed between the Borrower and ACCM. Customs regulations will be
adhered to in international shipments.
TRANSFER
The object(s) shall remain in the possession of the Borrower for the time specified, but may be withdrawn at any time by ACCM.
Borrower has no right to loan the object(s) to another person or entity. The object(s) will be returned to ACCM, unless ACCM agrees
in writing to other arrangements. The Borrower must notify ACCM promptly, in writing, of any change of address or change of
business ownership (whether by reason of death, sale, insolvency, dissolution of marriage, gift, or otherwise) while they are in
possession of item(s) on loan from ACCM. In case of change in legal ownership during the period of the loan, the new owner is
required to establish their legal right by proof satisfactory to ACCM.
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AGUA CALIBNTE
CULTURAL MUSEUM
140 NORTH INDIAN CANYON WAY, PALM SPRINGS, CA 92262
INSURANCE
The Borrower shall insure the object(s) in their possession under an all-risk, wall-to-wall policy for the stated amount specified by
ACCM against all risks of physical loss or damage from any external cause while in transit and on location during the period of this
loan. The all-risks insurance policy shall include coverage against all risk of physical loss or damage from any cause, whilst in transit
and on location in the gallery, with the value stated in U.S. Dollars. Valuation of the loaned item(s) is made by ACCM and approved
by the Borrower. This is an Agreed Value and cannot be disputed in the case of damages. It is listed on the Loan Agreement. Before
the commencement of this loan, the Borrower must provide to ACCM a Certificate of Insurance ("COI") naming ACCM as an
additional insured or waiving any rights of subrogation against ACCM. If the Borrower fails to provide ACCM with such a certificate,
Borrower agrees to nevertheless respond financially in case of loss or damage as if said insurance were in effect. ACCM cannot
accept responsibility for any error or deficiency in information furnished to the Borrower's insurer for any lapses in the Borrower's
insurance coverage.
ACCM is responsible for updating insurance valuations periodically. ACCM reserves the right to increase coverage if reasonably
justified.
EXAMINATION RIGHTS
ACCM assumes the right to examine the object(s) on a routine basis while in the Borrower's possession. It is understood that the
Borrower will not restore, or otherwise alter the object(s) without the consent of ACCM.
INTERPRETATION
In the event of any conflict between this Agreement and any forms of the Borrower, the terms of this Agreement shall control. This
agreement shall be construed in accordance with the laws of the Agua Caliente Band of Cahuilla Indians, and in the absence of
applicable law, the laws of the State of California.
SECURITY .
The Borrower agrees to safeguard the loaned object(s) using generally accepted conditions of control and security during the entire
time they are on the Borrowers premises. The Borrower agrees to take such security measures to safeguard the object(s) as it would
in safeguarding comparable items of their own, which shall include the provision of museum guards. When the museum is open to
the public, security measures may include, as appropriate, barriers, plinths, and showcases. In order to keep the loaned item(s)
secure while on the premises and to ensure that the public does not touch or otherwise damage the object(s), ACCM must ensure
that the exhibition venue complies with fire safety regulations and that museum guards are fully prepared for action in the event of
danger. Smoking, eating, and drinking shall be prohibited in the exhibition areas. The Borrower agrees to perform weekly condition
inspections of loaned item(s) during the terms of the Loan Agreement.
Upon request the Borrower will provide ACCM with a Facility Report prior to the signing of the Loan Agreement so as to enable
ACCM to assess the environment, security, and logistical implications of lending to this venue.
AGUA CALIENTH
CULTURAL MUSEUM
140 NORTH INDIAN CANYON WAY, PALM SPRINGS, CA 92262
SCOPE OF AGREEMENT
This Agreement contains the entire of understanding of the parties in respect of the subject matter hereof and no modification,
exception, or reservation may be made hereto other than by a written agreement executed by the Borrower and an authorized
official of ACCM. This Agreement shall be governed and shall be construed in accordance with the laws of the State of California.
I have read and agree to the conditions above and certify that I have full authority to enter into this agreement. I acknowledge
receipt of the item(s) listed above, in good condition.
Lender:
I have read and agree to the conditions above and listed below and certify that I have full authority to enter
into this Outgoing Loan Agreement (this "Agreement").
Signature
Approved for the Agua Caliente Cultural Museum:
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Signature
Title
S- /8 - 2023
Date
Date
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