Reso 2024-3607 - Laserfiche WebLink

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found, then Owner shall promptly enforce its rights under its agreement with Artist to correct such defect. Owner shall bear all direct and indirect costs of such corrections. Should the Owner fail or refuse to correct any defect or to make any necessary repairs within the time indicated in writing by the City Manager or its designee, the City shall have authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Owner's expense. In the event the Owner fails to correct any defects or reimburse the City for the cost of such corrections, the City shall have the right to pursue any and all rights and remedies against Owner, but in no event shall the City have the right to revoke Owner's Certificate of Occupancy or Certificate of Use. Notwithstanding the foregoing, Owner shall have no obligation, and shall have no liability whatsoever with respect to, any defects, corrections or repairs with respect to the Artwork arising from the acts, omissions, negligence or willful misconduct of the City or its agents, representatives, officers, directors, officials, employees, contractors or consultants. Owner's obligations and liabilities under this Section 6 shall expire three (3) months after the Delivery Date (as hereinafter defined). 5. DELIVERY DATE. The Artwork shall be delivered and installed at the City's Art Park on a date mutually agreed by Owner and the City ("Delivery Date"). Prior to the Delivery Date, Owner shall be responsible for storage and maintenance of the Artwork. It is understood and agreed that the Delivery Date shall not be scheduled until Artist completes his creation of the Artwork. 6. DELIVERY AND INSTALLATION. Owner shall be solely responsible for all labor, material costs and liability insurance associated with delivery and installation of the Artwork. In addition to the Artwork, Owner shall deliver and install a concrete pad for the Artwork. Delivery and installation of the Artwork shall be coordinated with the City. The risk of loss and damage during delivery and installation shall be borne solely by Owner. The Owner, at .its sole cost and expense, shall be responsible for all engineering and design work associated with the installation of the Artwork and will coordinate with the City in obtaining any approvals associated with the delivery and installation of the Artwork. Owner warrants that the Artwork shall be installed in a workmanlike manner to ensure the safety of the Artwork and the public. If any defect in the installation is found, Owner shall promptly correct such defect. Owner shall bear all direct and indirect costs of such corrections. Should Owner fail or refuse to correct any defect or to make any necessary repairs associated with the installation within the time indicated in writing by the City Manager or its designee, the City shall have authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Owner's expense. In the event the Owner fails to correct any defects or perform any repairs or to reimburse the City for the cost of such corrections or repairs, the City shall have the right to pursue any and all rights and remedies against Owner. Notwithstanding the foregoing, Owner shall have no obligation, and shall have no liability whatsoever with respect to, any defects or repairs with respect to the installation of the Artwork arising from the acts, omissions, negligence or willful misconduct of the City or its agents, representatives, officers, directors, officials, employees, contractors or consultants. Public Art Donation Agreement 242