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Home My WebLink About2001-020 Atascadero Art Assoc. Contract#2001-020 *age �r+� AGREEMENT BETWEEN ATASCADERO ART ASSOCIATION AND THE CITY OF ATASCADERO This Agreement is made and entered into this date July 24, 2001, by and between the City of Atascadero, and the Atascadero Art Association, for the right to remove, rehabilitate, restore and re- install the `Wood Nymphs" statuary in the Sunken Gardens. 1. PARTIES 1.1 City 1.1.1 The City of Atascadero, Atascadero, California, whose mailing address for notice under the terms of this Agreement is as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1.2 Atascadero Art Association 1.2.1 Atascadero Art Association whose mailing address for notice under the terms of this Agreement is as follows: Atascadero Art Association P.O. Box 28 Atascadero, California 93423 2. TERMS The term of this agreement shall begin on August 1, 2001, subject to extension or sooner termination as hereinafter provided, this agreement shall continue for the term of three (3) years, with an option for an additional one year term upon mutual consent of both parties. 2.1 Obligations of Atascadero Art Association 1. Secure all necessary funding for the statuary restoration project. Provide the City of Atascadero with a certificate of insurance for the repair or replacement of the Wood Nymphs statue in the event of damage or loss during the restoration project. The Art Association will remove and transport the statue to conservators, and transport the statue back to Atascadero and re-install it in a location to be determined by the City of Atascadero. The Association will provide the City of Atascadero with evidence of the necessary project funds prior to the removal of the Wood Nymphs statue. The Association will serve as the fiscal agent for the restoration project and contract with the Conservator for the restoration work. The Association will oversee all aspects of the restoration, including the monitoring and approval of all work. The Association will agree to hold the City of Atascadero harmless for any injuries, damages or claims arising out of the Wood Nymphs Restoration Project. Agreement Between Atascadero Art Association *Moe �Iftw Arid the City of Atascadero Page 2 2.2 Obligations of the City The City of Atascadero agrees to contribute $10,000 during the Fiscal Year 2001- 2002 to the Wood Nymph restoration project. 3. INDEMNIFICATION: Atascadero Art Association hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Atascadero Art Association or any of Atascadero Art Association members' or agents' negligent operations or failure to perform under this agreement, whether such operations be by Atascadero Art Association or by any one or more persons directly or indirectly employed by, or acting as agent for, Atascadero Art Association. 4. INSURANCE: Atascadero Art Association shall not commence its services under this agreement until they have obtained all insurance required under this agreement and such insurance shall have been approved by City as to form, amount and carrier: (1) Property Damage Insurance. In an amount of not less than $ 500,000.00 for damage to the property of the City of Atascadero on account of any one occurrence. C. Proof of Insurance. Atascadero Art Association shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability of insurance shall name City as an additional insured with the Atascadero Art Association. 5. TERMINATION OF AGREEMENT 5.01 TERMINATION OF NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least (30) days prior written notice to the other parties to this agreement. Agreement Between Atascadero Art Association And the City of Atascadero Page 3 5.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) The end of the (30) days as set forth in Section 4.01; (3) End of the contract to which Atascadero Art Association's services were necessary; or (4) Assignment of this agreement by Atascadero Art Association without the consent of the City. 5.03 TERMINATION BY ANY PARTY FOR DEFAULT: Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 5.04. TERMINATION: This agreement shall terminate on August 1, 2004, unless extended as set forth in this Section. The City, with the agreement of the Atascadero Art Association, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. 6. ALTERATIONS Minor alterations to this agreement may be made in mutual agreement by the Assistant City Manager and the President of Atascadero Art Association. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date set forth opposite their respective names. CITY OF ATASCADERO Attest: L ! d l Date: Marcia McClure Torgerson, City Cle #k*�j - q Date: Wade G. McKinney, City I anager ATASCADERO ART ASSOCIATION Date: George Asdel, Atasc ero Art Association President CITY OF ATA5CADERO 1918 1979 > �.W�e DEPARTMENT OF COMMUNITY SERVICES \A��ERo j August 30, 2001 George Asdel Atascadero Art Association P. O. Box 28 Atascadero CA 93423 Dear Mr. Asdel: Enclosed is a copy of the fully-endorsed agreement between the City of Atascadero and the Atascadero Art Association regarding the restoration of the Wood Nymphs statue. I do wish to clarify, in advance, our position regarding the insurance requirements for this project. During our conversation on Thursday, August 9, 2001, we agreed that the insurance requirements stipulated in this agreement must be met prior to the removal and relocation of the Wood Nymphs statue. After the analysis phase of the project, and prior to moving the statue, please be sure that evidence of the necessary insurance is submitted to Marcia Torgerson, City Clerk. We look forward to cooperating with you on the Wood Nymphs restoration project and sincerely appreciate the efforts of Susan Beatie and the Atascadero Art Association. If you have any questions or need additional information, please do not hesitate to call me at 461-5003. Sincerely, Geoff E sh, Community Services Manager c: Marcia Torgerson, City Clerk Brady rrt City Manager Susan Beatie, Atascadero Art Association 6500 PALMA AVENUE,SUITE 107 • ATASCADERO, CALIFORNIA 93422 Recreation Services/Building Maintenance: (805) 461-5000 • Lake Park Pavilion: (805)461-5005 • Zoo: (805) 461-5080 • Fax: (805) 461-7612 RE; MEMORANDUM AUG 2 0 2001 : Date: August 16, 2001 e;T� � y^��' To: Marcia Torgerson, City Clerk From: Geoff English, Community Services Manager SUBJECT: Agreement with the Atascadero Art Association Attached is a copy of the agreement between the City and the Art Association for the renovation of the Wood Nymphs. George Asdel, president of the Art Association signed the agreement, which now waits for your signature and Wades. The Art Association has not yet provided evidence of Insurance and will not be able to until an assessment of the statue has been completed. Upon completion of the assessment, the Art Association will have an established replacement value and then will be able to provide the insurance. I feel that we should go ahead and endorse the agreement with the Art Association with the understanding that they can complete the assessment portion but cannot move the statue until the insurance requirement has been met. We only need the required insurance in the event of damage during relocation and or renovation. Roy Hanley agreed. We do however, need the signed agreement to get funding for the assessment. If you and Wade concur, please sign and return the attached agreement. I will distribute a copy to the Art Association. Please let me know if you have any questions. C: Brady Cherry, Director of Community Services Attachments: Agreement w/Art Association