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HomeMy WebLinkAboutCC Resolution 12226 (Temporary Art Installments; Artworks Downtown)RESOLUTION NO. 12226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH ART WORKS DOWNTOWN FOR TEMPORARY ART INSTALLATIONS (May 1, 2007 through April 30, 2008) WHEREAS, the San Rafael Downtown Vision states that there is a goal to make the Downtown "a more interesting and exciting place"; and WHEREAS, the City of San Rafael participated and supported two successful years of temporary public art installations in 2005 and 2006; and WHEREAS, Artworks Downtown has requested that the City allow year-round temporary art installations in public places in the City of San Rafael, in locations as specified in a staff report accompanying this resolution and to be listed in a license agreement between the City and Artworks; and WHEREAS, City staff has determined and recommended that, in the interest of cultural diversity and to residents, workers and visitors of the Downtown corridor the City Council authorize the Economic Development Director and Community Services Director to enter into a license agreement with Artworks Downtown to allow the temporary art installations in accordance with the conditions as listed in the license agreement. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: 1. The Council finds that all of the above facts are true and correct. 2. The temporary art installations are hereby allowed as a program pursuant to the terms and conditions of the License Agreement. 3. The Economic Development Director and Community Services Director are hereby authorized to execute a License Agreement with Art Works Downtown for the temporary art installations, in a form to be approved by the City Attorney. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 2nd day April, 2007, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None t JEANNE M. LEONCINI, City Clerk TEMPORARY ART INSTALLATION LICENSE AGREEMENT This Agreement is made and entered into as of the f' `""� Z gr day o ----- , by and between the City of San Rafael, a Charter City ("City") and Art Works Downtown ("Licensee"). RECITALS: A. Licensee desires to install temporary art for public display on City property. B. City is willing to grant a license to Licensee for use of the City property, on the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. License. The City grants Licensee permission to occupy and use that portion of the City's property for art display purposes (the "premises"), and to place certain approved personal property and removable improvements thereon, in accordance with the terms and conditions specified herein and as shown in Exhibit A. In addition a sign identifying dates of installation, artist and Art Works Downtown as sponsor shall be installed at each site. 2. Terni. Except as terminated as provided hereafter, the term of this Agreement shall be from May 1, 2007 through April 30, 2008. This Agreement also may be terminated as follows: (a) If Licensee defaults with respect to any obligation, covenant or condition of this Agreement, and fails to correct the default within one (1) day after receipt of notice from City to do so, City may immediately terminate this Agreement by giving notice to Licensee. (b) City may terminate this Agreement upon five (5) days notice to Licensee, if City determines that Licensee's use of the premises constitutes a public nuisance, unduly impedes or restricts the movement of pedestrians, or creates an undue risk to public health or safety. 3. Premises The premises subject to this agreement include: (a) San Rafael Library Lawn, 1100 E Street southwest corner (b) Falkirk Cultural Center, 1408 Mission Avenue location to be determined with proposal for installation (c) San Rafael Community Center, 618 B Street, facing front parking lot at southwest corner of facility (d) Albert Park, 618 B Street, location to be determined with proposal for installation (e) San Rafael Plaza, Fourth and Court Streets location to be determined with proposal for installation (f) Other sites may be added to this Agreement by mutual consent and written addendum. 1 4. Permitted Dates for Installation. Temporary installations are permissible on the premises for six week durations beginning February 1, June 1 and October 1. Installations must be dismantled and removed no later than five days after the six week period has lapsed. 5. Licensee Responsibilities: Licensee shall have sole responsibility for selection, installation, maintenance, removal, signage and other tasks associated with the installations. 6. Citv Responsibilities City shall review proposals maintain the right to reject proposals based on public safety and welfare, infrastructure impact, building and ADA codes. Proposals shall be reviewed not less than one month prior to installation. 7. License Personal. The license herein granted is person to Licensee and no right hereunder may be assigned, sublet or otherwise transferred in whole or in part. 8. Surrender and Restoration. Upon termination of this Agreement, Licensee, at its sole cost and expense, shall remove any improvements placed on the premises, remove any personal property therefrom, restore the premises to its original condition, and cease any further use of the premises as provided herein. Should Licensee neglect to restore the premises to a condition satisfactory to City, City may perform such work or have such work performed, and Licensee shall immediately reimburse City for all direct and indirect costs associated with such work upon receipt of a statement therefore. 9. Indemnification. Licensee shall indemnify, release, defend and hold harmless the City, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of the owner's officers, agents and employees or from any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorneys fees and administrative costs arising out of, resulting in any way, or connected with, in whole or in part, this Agreement or Licensee's occupancy, use or misuse of the premises, including any improvements or personal property located thereon. 10. Insurance. Licensee shall maintain in effect during the term of this Agreement, at no expense to City, insurance in a form approved by the City Attorney, as follows: (a) Worker's Compensation insurance with statutory limits as required by the Labor Code of the State of California. Said policy shall be endorsed with the following specific language: "This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of San Rafael, Risk Manager." (b) Comprehensive General Liability Insurance, in the minimum amount of one million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, and property damage. Said policy shall be endorsed with the following specific language: (i) "The City of San Rafael, its officers, employees and volunteers, are named as additional insured under this policy." N (ii) "The insurance provided herein is primary coverage to the City of San Rafael with respect to any insurance or self-insurance maintained by the City, and shall not call upon City's insurance or coverage for any contribution." (iii) "This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of San Rafael, Risk Manager." (c) Licensee shall submit to the City properly executed Certificates of Insurance evidencing all coverage, limits and endorsements as required above, and renewal certificates during the term of this Agreement. Within 30 days of City's request, Licensee shall submit to City certified copies of the insurance policies and endorsements. 11. Compliance with Laws. Licensee shall observe and comply with all applicable federal, state, City, or other governmental statutes, ordinances, and regulations now in force or which hereafter may be in force, including the Americans with Disability Act (ADA). 12. Notices. Any notice required or permitted to be given under this Agreement shall be in writing. Delivery of such written notice shall be deemed sufficiently given forty-eight (48) hours after deposit in the United States Mail, registered or certified, return receipt requested, with postage thereon fully prepaid, or upon personal delivery, addressed as follows: If to City: Community Services Director City of San Rafael 1313 Fifth Avenue, P.O. Box 151560 San Rafael, CA 94915-1560 If to Licensee: Victoria Huges Art Works Downtown 1337 Fourth Street San Rafael, CA 94901 Either party may at any time change its address for notices by giving written notice of such change in the manner provided above. 11. Risk of Loss. Licensee shall assume all risk of loss, damage, or injury to Licensee, or its property, arising out of or connected to its use or occupation of the premises pursuant to this Agreement. 12. Attornev's Fees. If either party should commence a legal action or proceeding to enforce the terms of this Agreement, the prevailing party in the proceeding shall receive, in addition to court costs, reasonable attorneys' fees, including the reasonable value of services rendered by the City Attorneys' Office. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. 3 CITY OF SAN RAFAEL CARLENE MCCART Community Services Director -)�� 011P� NANCY MACMLE Economic Development Director ATTEST: 24,-o� A A FANNE M. LEONCINI City Clerk AS TO FORM: Assistant City Attorney 4 LICENSEE Executive Director Art Works Downtown