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Home My WebLink AboutCC Resolution 13119 (Ritter Center Art Instalation)RESOLUTION NO. 13119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A LICENSE AGREEMENT FOR USE OF CITY PROPERTY BY RITTER CENTER FOR TEMPORARY ART INSTALATION, ART HOUSES OF MARIN 2011 WHEREAS, the City of San Rafael has supported a successful program from temporary public art installations since 2005; and WHEREAS, Ritter Center has requested that the City of San Rafael allow temporary art installations in the Plaza during the period of April 15 through June 12 of 2011, as part of a county -wide fundraising benefit referred to as "Art Houses of Marin"; and WHEREAS, the City of San Rafael has participated in "Art Houses of Marin" in 2010, permitting five public locations to be used for the temporary art installations; and WHEREAS, the City of San Rafael supports the Ritter Center in this fundraising effort, recognizing the significant role it plays in advancing the City's important policy of assisting the homeless and very low income residents of the City and County; and WHEREAS, the requested use of the Plaza for a temporary public art display such as "Art Houses of Marin" is consistent with the City's "San Rafael Downtown Vision," and advances the Vision's goal to make the Downtown "a more interesting and exciting place" for the City's residents, workers and visitors. NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of San Rafael as follows: The City Council hereby approves and the Community Services Director is hereby authorized to execute a License Agreement for the use of City Property by Ritter Center for the Art Houses of Marin, 2011 temporary art installation fundraiser, in the form attached as Exhibit A hereto, subject to final dates and locations as approved by the Community Services Director. I, Esther C. Beirne, 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, March 21, 2011 by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk EXHIBIT A LICENSE AGREEMENT FOR USE OF CITY PROPERTY FOR TEMPORARY ART INSTALLATION (Art Houses of Marin) THIS LICENSE AGREEMENT is made and entered into as of the ' _q °'Nday of HA P6.4 , 2011, by and between the City of San Rafael, a California Charter City ("City") and Ritter Center, a California non profit corporation (Licensee"). RECITALS A. Licensee is producing a benefit art event throughout Marin County called "Art Houses of Marin" to raise money to fund Licensee's essential services, ad as part of that event, desires to install art for public display on City -owned property. B. City is willing to grant a license to Licensee for use of the City -owned Plaza 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, its officers, employees, agents and volunteers, permission to use that portion of the City's property know as the Plaza (hereafter, the "Premises"), for the temporary placement of a certain work of art, including necessary installation/security for such art and related identifying signs, all as designated in Exhibit A (hereafter, "Artwork"), for Licensee's 2011 "Art Houses of Marin" benefit, in accordance with the terms and conditions specified herein. 2. As -is Condition. Licensee acknowledges and agrees that the Premises are being licensed and accepted in its "as -is" condition, without representation or warranty of any kinds, and subject to all applicable laws, rules and ordinances governing their use. Licensee represents and warrants to City that it has investigated and inspected, either independently or through agents of Licensee's intended use. Licensee has determined, based solely on its own investigation, that the Premises are suitable for Licensee's intended use. Licensee acknowledges and agrees that neither City nor any of its agents have made, and City hereby disclaims, any representations or warranties, express or implied, concerning the Premises, the physical or environmental condition of the Premises, the present or future suitability of the Premises for Licensee's events, or any other matter whatsoever relating to the Premises. 3. Term. Except as otherwise terminated as provided herein, the term of this Agreement shall be from April 11, 2011 to June 13, 2011. §§I06A and I I3(d), the California Art Preservation Act (Cal.Civ. Code §§987 et seq., and any other similar laws in the form attached hereto as Exhibit B. 6. License Personal The license herein granted is personal to Licensee and its officers, employees, agents and volunteers, and no right hereunder may be assigned, sublet or otherwise transferred in whole or in part. 7. Ten-nination: Removal or Alteration of Improvements. Notwithstanding the term set forth in paragraph 3: a. If Licensee defaults with respect to any obligation, covenant or condition of this License Agreement, and fails to correct the default within five (5) days after the receipt of notice from the City to do so, City may immediately terminate this Licensee Agreement by giving written notice to the Licensee. b. If City determines, in its sole discretion, that Licensee's use of the Premises unduly impedes or restricts the movement of pedestrians, or creates an undue risk to public health or safety, or otherwise constitutes a public nuisance, the City may terminate this License Agreement upon two (2) days notice to Licensee. c. City may terminate this License Agreement if the City finds that Artwork does not meet the Design Standards set forth in section 4(a) of this License Agreement. d. In the event of emergency, determined in the sole discretion of the City, City may, at its sole option and without notice to Licensee, alter, remove or protect at Licensee's sole expense, Artwork installed or placed in, on, under or about the Premises by Licensee. e. If at any time prior to or during the term of this License Agreement, City finds any part of the Premises to be inappropriate for any reason for installation of the Artwork, City shall have the right, in its sole discretion, to designate an alternate location on City - owned property for installation of the Artwork. 8. Surrender and Restoration. Upon termination of this License Agreement, Licensee, at its sole cost and expense, shall promptly and safely remove Artwork, signs and any other personal property placed on the Premises, restore the Premises to their original condition, clean the premises 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 al direct and indirect costs associated with such work upon receipt of a statement therefore. 9. Indemnification: Risk of Loss. 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 If to Licensee: Diane M. Linn, Executive Director Ritter Center 16 Ritter Street P.O. Box 3517 San Rafael, CA 94912 Either party may at any time change its address for notices by giving written notice of such change in the manner provided above. 13. Attornev's Fees. If either party should commence a legal action or proceeding to enforce the terms of this License Agreement, the prevailing party in the proceeding shall receive, in addition to court costs, reasonable attorney's fees, including the reasonable value of services rendered by the City Attorney's Office. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year first written above. CITY OF SAN RAFAEL: CARLENE MCCART Community Services Director RITTER CETER, LICENSEE: By '.. fi DIANE M. LINN Executive Director, Ritter Center ATTEST: ESTHER C. BEIRNE, City Clerk Dated 3 /a8 // Dated f I I ' APPROVED AS TO FORM: j Aw, >,, /zFE- ROB EPSTEIN, City Attorney) Exhibits: A. Description of Artwork, including signs, installation/security devices B. Artist's Release and Waiver EXHIBIT B ARTIST'S RELEASE AND WAIVER ["Art Houses of Marin" Event] The undersigned Artist hereby acknowledges and agrees that neither the City of San Rafael nor its officers, employees, agents, or volunteers shall be liable for any distortion, mutilation, modification or destruction, by accident, act of God or person, of any artwork created by Artist and displayed on public property of the City of San Rafael for and as part of the Ritter Center's "Art Houses of Marin" event. The undersigned Artist hereby waives any and all claims, arising at any time and under any circumstances, against City, its officers, agents, employees, and volunteers, arising under the federal Visual Artists Rights Act (17 U.S.C. Sections 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code Sections 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. Section 106A, Cal. Civil Code Sections 987 et seq., or any other type of moral right protecting the integrity of works of art. ARTIS Dated: '3"' - [signature] [print name] sip. t � e" S� I [address] 4 �� (yrs)1-i -�--7-J�IBZ-elle [telephone number]