Detlie, Virginia/Art Donation 14L1101111110161ky-A
This Art Donation and Acceptance Agreement (the "Agreement") is entered into
this c23day of IL-JOV , 2014, by and between the City of La Quinta ("City") and
Virginia Detfie, ("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 Museum.
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 pJace the artwork at the La Quinta Museum.
3. This Agreement, consisting of 4 pages and 1 exhibit, 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subject matter hereof that are not merged herein and superseded hereby, except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.
6. 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 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.
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 Quinta
78495 Calle Tampico
La Quinta, CA 92253
To the Donor: Virginia Detlie
107 Butterfly Cove
Georgetown, TX 98628
512.868.1519
1. 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, 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 municipal
corporation
Digitally signed by Frank J. Spevacek
DN: serialNumber—q8x45h14dsg5g957,
c=U5, st=California, I=La Quinta, o=Frank J.
Spevacek, cn=Frank J. Spevacek
Date By: Date: 2014.12.04 13:19:08 -08'00'
FRANK J. SPEVACEK, City Manager
City of La Quinta, California
ATTEST:
Digitally signed by City of La Quinta
DN: serialNurnber=6frnhzhdhAz93cr,
c=US, st=California, I=La Quinta, o=City
of La Quinta, cn=City of La Quinta
Date: 2014.12.04 13:54:22 -08'00'
SUSAN MAYSELS, City Clerk
City of La Quinta, California
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Date 1
Virgin l45etlie "Donor"
EXHIBIT "A"
ARCHEO "A ROMAN TOMB" is a brushed ink drawing that was created by John
Detlie (1908-2005) in 1931 while he was at college at the University of Pennsylvan i
The size of the image art work inside the frame is 54 5/8" x 35 1/2". It is framed in
3" black lacquer molding.
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Edie Hylton, Community Services Director
DATE: []8C8nob8r 1,2[)14
RE: Virginia Dat|ie
Attached for your signature is an Art Donation and Acceptance Agreement
between Virginia D8t|i8 and the City for the donation Of ARCHE[) "A ROMAN
TOMB" drawing for the L8 [}uint8 Museum.
Please sign and return to the City Clerk for processing and distribution.