HomeMy WebLinkAboutContracts & Agreements_18-1995_CCv0001.pdf OUTDOOR SCULPTURE GARDEN
AGREEMENT
This Agreement is entered into this 13th day of March, 1995, {the "Effective Date")by and
between the City of Redlands, a municipal corporation(hereinafter "City") and Tommie Molla'r, an
individual. (hereinafter "Sculptor").
RECITALS
WHEREAS,the City of Redlands("City") offers an Outdoor Sculpture Garden Program in
Smiley Park in the City of Redlands for display of sculptures; and
WHEREAS, Sculptor and City desire to enter into an agreement whereby Sculptor agrees
to loan,and Redlands agrees to accept the loan of,the sculpture generally described as Ancient Rock
Art (3 pieces) for public display purposes; and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Sculptor hereby agree as follows:
AGREEMENT
Section 1. Preparation of Sculpture Site. If necessary, City shall construct a base for the
display of the loaned sculpture. The precise location for construction of the base,means of access
to and from the site,and general control of Smiley Park activities so as to cause the least disturbance
to the park itself and users thereof, shall be within the sole power and discretion of City. City may,
at its sole cost and expense, construct a fence around the area in which the sculpture will be located,
and take other measures to protect public safety and the sculpture itself.
Section 2. Cost of Moving Sculpture. Sculptor shall move the sculpture to the designated
site in Redlands at his/her sole expense and shall arrange and pay for a crane to place the Sculpture
onto the base, if so needed. City shall remove and replace any fencing at its sole expense. In the
event the sculpture is to be removed from the site for any reason. Sculptor shall pay for all costs
thereof.
Section 3. Insurance and Liability. Sculptor shall defend, indemnify and hold harmless the
City, its elected officials. officers, agents. employees and volunteers from and against any and all
damages, harm, losses, claiNs. attorney's fees, and costs or expenses in law or equity that may at
any time arise or be assertec because of injury to property or bodily or personal injury-occasioned
by any willful or negligent act or omission of the Sculptor or any of the Sculptor's agents, or
employees. The City shall insure the sculpture against damages up to the amount of$1,000. The
City shall not be held liable for any accident, theft, vandalism, or damage to the sculpture, from any
and all causes, in excess of$1 NO.
Section 4. Signs. Any signs erected for identifying the Sculpture, the Sculptor, or for any
other purpose, shall be approved as to form, style, material, and content in advance by City.
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CAC,502
Section 5. Term of Agreement. The term of this Agreement shall commence on the
Effective Date and shall continue unless terminated by either party giving thirty (30)days written
notice to the other of its intent to terminate this Agreement.
Section 6. No Agreement to Purchase of Lease. Notwithstanding any provision of this
Agreement, City shall have no obligation to buy, or lease the use of, the Sculpture for any period
t� - I
of time, or agree to any sale or lease price whatsoever.
Section 7. Commission Upon Sale. Sculptor and City acknowledge that City shall have the
right to make inquiry to persons and institutions in behalf of Sculptor for the possible purchase and
sale of the sculpture. The sale price agreed to by Sculptor for purposes of this Agreement is $600
for each piece. However, prior to undertaking any substantial negotiations, City shall provide
written notice of the same to Sculptor which shall include the name and address of the person or
institution with whom City is negotiating. In the event that City's negotiations result in the sale of
the sculpture, City shall be entitled to a commission in the amount of 15% of the sale price of the
sculpture.
Section 8. Entire Agreement/Modification. This Agreement represents the entire agreement
of the parties hereto as to the matters contained herein. Any modification of this Agreement shall
be effective only if it is in writing and signed by the parties hereto.
CITY OF REDLANDS ATTEST:
Swen Larson, Mayor Lo7rri "'oyzet, qi Jerk
� 1
Date March 21 , 1995
SCULPTOR
AA a6x-)v Date S- q6
Tommie Moller
Address:
6250 Indian Spring Road
Loomis, CA 95650
Telephone Number
CAC\502 2
Tommie Moller, 6250 Indian Springs Road, Loomis, CA 95650
(916) 652-5781
81.
ANCIENT ROCK ART Sculptures (3 pieces)
If concrete bases are poured, you need the following information so the
petroglyphs can be bolted in place.
The base of the petroglyphs each requires four 1/2" studs (anchor belts,
or expansionanchor) placed as follows:
10 on Cen ter
10" on Center
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OUTDOOR SCULPTURE GARDEN
AGREEMENT `
This Agreement is entered into this I3th day of March, 1995, (the"Effective Date")by and
between the City of Redlands,a municipal corporation (hereinafter "City")and Thomas Hester, an
individual, (hereinafter "Sculptor").
RECITALS
vVHEREAS,the City of Redlands ("City") offers an Outdoor Sculpture Garden Program in
Smiley Park in the City of Redlands for display of sculptures; and
WHEREAS, Sculptor and City desire to enter into an agreement whereby Sculptor agrees
to loan, and Redlands agrees to accept the loan of, the sculpture generally= described as Mountain
Lion for public display purposes, and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Sculptor hereby agree as follows:
AGREEMENT
Section I. Preparation of Sculpture Site. If necessary, City shall construct a base for the
display of the loaned sculpture. The precise location for construction of the base,means of access
to and from the site,and general control of Smiley Park activities so as to cause the least disturbance
to the park itself and users thereof, shall be within the sole power and discretion of City. City may,
at its sole cost and expense, construct a fence around the area in which the sculpture will be located,
and take other measures to protect public safety and the sculpture itself.
Section 2. Cost of Moving Sculpture, Sculptor shall move the sculpture to the designated
site in Redlands at his/her sole expense and shall arrange and pay for a crane to place the Sculpture
onto the base,if so needed. City shall remove and replace any fencing at its sole expense. In the
event the sculpture is to be removed from the site for any reason, Sculptor shall pay- for all costs
thereof.
Section 3. Insurance and Liability. Sculptor shall defend, indemnify and hold harmless the
City, its elected officials, officers, agents, employees and volunteers from and against any and all
damages, harm,losses, claims, attorney's fees, and costs or expenses in law or equity that may at
any time arise or be asserted because of injury to property or bodily or personal injury occasioned
by any willful or negligent act or omission of the Sculptor or any of the Sculptor's agents. or
employees. The City shall insure the sculpture against damages up to the amount of 1,000. The
City shall not be held liable for any accident,theft,vandalism, or damage to the sculpture, from any
and all causes, in excess of$1,000.
Section 4. Suns. Any signs erected for identifying the Sculpture. the Sculptor, or for any
other purpose, shall be approved as to form, style, material, and content in advance by City.
CAO,503 1
Swim 5. Term of Agreement. The term of this Agreement shall commence on the
Effective Date and shall continue unless terminated by either party giving thirty(30) days written
notice to the other of its intent to terminate this Agreement.
Section 6. No Agreement to Purchase of Lease l Notwithstanding any provision of this
Agreement, City shall have no obligation to buy, or lease the use of, the Sculpture for any period
of time, or agree to any sale or lease price whatsoever.
Section 7. Commission Upon Sale, Sculptor and City acknowledge that City shall have the
right to make inquiry to persons and institutions in behalf of Sculptor for the possible purchase and
sale of the sculpture. The sale price agreed to by Sculptor for purposes of this Agreement is $6,000.
However,prior to undertaking any substantial negotiations, City shall provide written notice of the
same to Sculptor which shall include the name and address of the person or institution with whom
City is negotiating. In the event that City's negotiations result in the sale of the sculpture, City shall
be entitled to a commission in the amount of 15%of the sale price of the sculpture.
I Section 8. Entire Ay-reement/Modification., This Agreement represents the entire agreement
of the parties hereto as to the matters contained herein. Any modification of this Agreement shall
be effective only if it is in writing and signed by the parties hereto.
CITY OF REDLANDS ATTEST:
Swen Larson, Mayor qLorrie oyzer, i -lerk
Date March 21, 1995
SCULPTOR
Date
Thomas Hester
Address:
6313 Bakman Avenue
North Hollywood, CA 91606
(818) 760-1014