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CC 10-21-2025 Item No. 13 Study Session to review Arts & Culture Commission Recommendations_Written Communications_2CC 10-21-2025 Item #13 Study Session to review Arts & Culture Commission's recommendation standards in the Municipal Code Written Communications From:Kiran V. Rohra To:City Clerk Cc:Gian Martire Subject:Re: City council meeting 10/21 Date:Tuesday, October 21, 2025 2:29:41 PM Attachments:City Council Mtg 21OCT2025 Arts & Culture.pptx Hello, Pl see attached my slide presentation I'd like to use in my speaking time this evening for item #13. I hope it can be displayed at that time by the City Clerk. I will not be having it on my device. Thank you. Kiran V. Rohra Arts and Culture Commissioner Chair ​​​​ KRohra@cupertino.gov From: Kiran V. Rohra <KRohra@cupertino.gov> Sent: Tuesday, October 21, 2025 7:58 AM To: Gian Martire <GianM@cupertino.gov> Cc: City Clerk <CityClerk@cupertino.gov> Subject: City council meeting 10/21 Hi Gian, For the City Council meeting today for agenda item #13, I'll attend and would like to speak as Arts and Culture Commission Chair. I'll have a few slides and will email them before 3 pm today. Thank you. Kiran V. Rohra Arts and Culture Commissioner Chair ​​​​ KRohra@cupertino.gov Cupertino City Council Meeting 10/21/2025, Agenda item #13 STUDY SESSION: 13. Subject: Study session to review the Arts & Culture Commission’s recommendation to the Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art-in-lieu fee policy. (Application No. MCA-2025-003; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the study session and provide feedback to Staff. History (ie. why are we having this discussion?) •Public Storage was the only project since 2009 to pay the art in-lieu fee rather than create public art. •This prompted a discussion in 2023 (community members + council) on what the process should be for using art in-lieu funds (there was no process / policy). •In May 2023, Council unanimously approved using the art in-lieu fund for pieces at Jollyman Park All-Inclusive Playground. 1 0 / 2 1 / 2 0 2 5 3 Process (Deligence, amount of time and effort ACC put into our unanimous recommendation). •The Arts and Culture Commission (ACC) had 4 public meetings in 2024 and 2025 to review staff findings, deliberate, and collect public feedback. •In the review process, Staff provided jurisdiction analysis of Berkeley, Belmont, Redwood City, Sunnyvale, San Mateo, Los Altos, Palo Alto. •We also received feedback from SVCreates, the arts organization designated by the Santa Clara County to support arts in local municipalities. 1 0 / 2 1 / 2 0 2 5 4 Why the Commission recommends 1.00% and ACC as approver for art in-lieu option: a)By not explicitly discouraging art in-lieu fee, we will be able to better allocate resources to where it will have the largest benefit to the community. For example, as currently written, the art in-lieu policy encourages developers to build public art, even if the location is not very accessible + piece is small with marginal benefit to community. b)Moving to 1.00% and ACC as approver will bring Cupertino on par with the majority of neighboring municipalities. Currently, Cupertino is the exception. c)Public storage was the first project in 15 years to opt for art in-lieu fee. Maintaining the current language could mean we will not have another art in-lieu project for another 15 years. 1 0 / 2 1 / 2 0 2 5 5 Why the Commission recommends keeping art fund usage open to both physical art and programming. •Art in-lieu funds would go into the art fund. •Council decides how to allocate funds. •It is advantageous to keep the language in the policy open to include both physical art and other art programming,so that Council has the option to use it for other art programming in the future. •It allows for any partial amount to be allocated,eg. to establish a specific cultural event, or for a visionary undertaking eg. to have an Art and Culture Centerin Cupertino by leveraging a current city owned site. 1 0 / 2 1 / 2 0 2 5 6 Arts and Culture Commission seeks guidance from the City Council The ACC motivation for art in-lieu policy is to: 1.provide the most benefit to the community today and in future. 2.bring the decision making for allocation of funds to the City Council and the public. 3.give options on use of art fund in the most impactful way for our community. Thank You 1 0 / 2 1 / 2 0 2 5 7 From:R "Ray" Wang To:Lauren Sapudar; Kirsten Squarcia Subject:Comments on Art in Lieu Fees Date:Tuesday, October 21, 2025 3:36:43 PM Dear City Clerk, Please note on the record that I support the Planning Commission's Recommendations for Item #13 for Art in Lieu Fees. R "Ray" Wang Councilmember ​​​​ City Council RWang@cupertino.gov From:Rhoda Fry To:Public Comments Subject:Agenda Item #13 - art fees Date:Tuesday, October 21, 2025 1:07:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, Please uphold the findings of the Planning Commission regarding art-in-lieu fees on item #13. Also, please make sure that our art commission comprises only of Cupertino residents. Finally, I am still very upset that City Staff tried to sell our City Council on the idea that binoculars and signage are art. This was a brazen effort to siphon our art funds to fund the out-of-control budget on the Bubb Park project. We need to do what we can to prevent this sort of behavior and one way to do that is to have development projects provide their own art rather than having money sit idle in a fund and potentially be mis-allocated. I just don’t like seeing these shenanigans going on in my city. Thanks, Rhoda Fry, 40+ year resident From:Steven Scharf To:Public Comments Subject:Agenda Item 13 on October 21, 2025, Public Art Date:Tuesday, October 21, 2025 7:54:49 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Writing for myself. The current system of charging developers lower fees, if they include public art in their project, versus paying an in-lieu fee should be retained. Residents want the public art, not the money. If a developer chooses to pay the in-lieu fee for public art then the fees should be used solely for public art, not for other purposes. A previous council, in 2005, wisely, and unanimously, adopted the present, inclusionary, policy for a reason ─ they wanted to encourage the inclusion of actual public art as part of development projects, not collect money that might never be used to provide actual art. It’s a thoughtful policy that has served Cupertino well and has resulted in some amazing public art at new development projects. It’s like Cupertino's inclusionary affordable housing policy. Unlike some other cities that collect in-lieu fees that are supposed to be used to build affordable housing but are insufficient to build very much of it, Cupertino requires 15-20% affordable housing. We want the actual affordable housing, not the money, and this policy has served Cupertino well. One excuse for lowering the in-lieu fee is that sometimes the public art that is included in a new project isn’t easily viewable by all residents, like the public art up at The Forum. It is true that the primary population that enjoys that art lives or works at The Forum, but that’s a reasonable percentage of Cupertino’s population. Not all residents use every park in the City either, or take advantage of all the amenities funded by the City, and that's okay. The other uses of the public art money that the Arts Commission has proposed may certainly be worthy things to do, but they are things that the City can fund from the General Fund should they decide to do so. The fees for public art should be used for public art. Please continue to support public art in Cupertino by retaining the current policy. Thank you for your consideration. Steven Scharf, former Councilmember From:Kirsten Squarcia To:Patrick Kwok Cc:City Clerk Subject:RE: CITY OF CUPERTINO - File #: 25-14241 Date:Tuesday, October 21, 2025 3:53:16 PM Attachments:Resolution No. 05-040 (Art Program Guidelines for Selection of Public Art).pdf Hi Patrick, confirming I will share my screen during your time to speak for item 13 art in Lieu study session. Regards, Kirsten Kirsten Squarcia Interim Deputy City Manager/City Clerk City Manager's Office KirstenS@cupertino.gov (408) 777-3225 -----Original Message----- From: Patrick Kwok <patrickskwok@aol.com> Sent: Tuesday, October 21, 2025 1:21 PM To: Kirsten Squarcia <kirstens@cupertino.gov> Subject: CITY OF CUPERTINO - File #: 25-14241 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. https://linkprotect.cudasvc.com/url? a=https%3a%2f%2fcupertino.legistar.com%2fLegislationDetail.aspx%3fID%3d7703502%26GUID%3dE41F2886- 8553-448B-B7CF-26452527E866&c=E,1,6tXexHN_yu- ahvgFT41BoWkgSHP1hSW7Oz2o3LBcg8dIP2GC6KBFpvqf7yq6NV2yPcBOxW- xhRmpVddQzXOlxHijhDUkQGT2Cc9bMNWpcL5FVhg4bmUU-vRn&typo=1 please have resolution 05-040 remain on the screen during the discussion see you tonite Sent from my iPhone RESOLUTION NO. 05- 040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING GUIDELINES FOR THE SELECTION OF PUBLIC ART WHEREAS, the City Council has expressed its support for public art in the community; and WHEREAS, the City has acquired public art through direct purchase or commission, as well as in the form of a gift or loan; and WHEREAS, the City Council wishes to have consistent guidelines for the acquisition, placement, and documentation of future acquisitions. NOW, THEREFORE, BE IT RESOLVED: 1.That the General Guidelines for the Selection of Public Art are adopted; and 2.Staff and Council members are directed to refer to these guidelines when purchasing and commissioning public art, or when accepting loans and gifts of public art. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 1st day of March 2005, by the following vote: Vote Members of the City Council AYES: Kwok, Lowenthal, Sandoval, Wang, James NOES: None ABSENT: None ABSTAIN: None ATTEST:APPROVED: s/ Kimberly Smith s/Patrick Kwok City Clerk Mayor, City of Cupertino I «. CITY OF PERJ'INO City of Cupertino Public Art Program Guidelines for Selection of Public Art Prepared by the Cupertino Fine Arts Commission Adopted by City Council on March 1 , 2005 Resolution No. 05-040 City of Cupertino Public Art Program General Guidelines for Selection of Public Art Purpose 3 Scope 3 Goals 3 Guidelines 4 Consultants 4 Criteria and Conditions for Selection of Art Work 4 Acquisition Procedures 5 Gifts 6 Title 6 Copyright 6 Placement and Exhibition 7 Access 7 Preservation and Maintenance 7 Documentation 7 Insurance 8 Deaccessioning Works of Art 8 Gift Receipt 9 Bill of Sale 10 Art Exhibition Agreement 11 Right of Entry and Indemnification Agreement 12 Catalogue of Art and Sculpture 14 2- City of Cupertino Public Art Program General Guidelines for Selection of Art Purpose The City of Cupertino Fine Arts Commission desires to create an artistic visual identity for the city by placing artworks in various locations. The purpose of this public art policy is to provide a process through which the city can accept art work, including loans or gifts of public art. The policy also provides guidance to the city and the Arts Commission for purchasing existing art work and for commissioning artists to create new art work for the city. Scope This public art policy applies to the installation of all art work, including that which is loaned to the city for more than three months, donated, purchased, or commissioned by the City of Cupertino for public display. Public art exhibitions under three months' duration are facilitated by the Commission. Additional people may be chosen by the Commission to form an ad hoc committee to aid in the selection of art for the city, including: A. A member of the Fine Arts Commission B. A member of a city commission from the area affected (parks, library, etc.) C. A professional in the field of arts, which may include a professional artist, art administrator, museum professional, architect, etc. D. A person from the community at large Goals A. To develop the criteria for selecting public works of art by developing policies and setting clear guidelines and objectives B. To acquire art for the City of Cupertino's temporary and permanent collection of both sited and portable art works, through purchase, competition, loan, donation, and commission C. To identify possible funding sources D. To identify potential outdoor sites on public lands and inside public buildings that are appropriate for placing completed artworks 3- Guidelines The following are guidelines for selecting artists and public art works: A. A wide variety of visual media and materials will be considered B. Materials used should require minimum maintenance and be maximally resistant to vandalism C. Environmental and public liability concerns will be considered in the selection of art D. The selection of artists will not be restricted by age, gender, or ethnic background E. The artist should have proven ability and experience in designing, producing, managing and installing art work, including large-scale public art work, if necessary F. When public funds are used, members of the community surrounding the location of the future art work may be invited to a public forum to discuss the art project in order to foster community appreciation of the art piece G. A timeline shall be developed to coordinate and educate parties involved in the project and to structure an overall plan for its completion. Consultants It may be desirable to involve the selected artist and/or a public art consultant to work with a project design team at the conceptual phase of architectural planning in order to integrate the art work into the site. If an artist has not yet been selected, a consultant may be asked to offer art options and selection procedures. The function of the consultant will be to foster communication among people with differing backgrounds (e.g. artist, developer, planner, public works, architect, landscape architect, engineers, attorney, community), and to manage the fabrication and/or installation of the art work. The consultant will be selected by the Cupertino City Council upon the recommendation of the Fine Arts Commission, and in conjunction with other affected commissions as needed. Criteria and Conditions for Selection of Art Work A. The city shall maintain a responsible collection, maintenance, and de-accession policy and procedure for art works that are accepted as part of the city's Public Art Program. B. No acquisition shall be accepted without approval by the City Council. The City of Cupertino may refuse a gift of art for any reason, and in particular if the city cannot provide for the storage, protection, and preservation of the work under suitable conditions, or if the art work does not meet the selection criteria of this document. 4- C. Acceptance of art work shall be confirmed by means of an agreement between the donor or artist and the city, including art work that is loaned for a defined period of time with the lender retaining title to the art work D. The following criteria shall be used in determining whether an art work is acceptable: 1. Aesthetics: It is deemed to be an art work of lasting aesthetic value that enhances the city's cultural environment by being receptive, respectful, and stimulating, and it contributes to the comprehensive record of visual arts for the community. 2. Quality: There is an inherent quality in the art work itself(i.e. the City of Cupertino shall not necessarily accept art work based solely on the artist's overall reputation) 3. Style: An art work shall be compatible in scale, materials, form, and content with its surroundings 4. Permanence: Consideration shall be given to structural and/or surface soundness, resistance to theft, vandalism, weathering, and maintenance and repair costs 5. Public Liability: Each art work shall be examined and approved for safety conditions and factors which may bear upon public liability 6. Variety: The overall Public Art Program shall consider variety in style, scale, and materials 7. Technical Feasibility: (For purchases or commissions) Each proposed art work shall be examined for convincing evidence of the artist's ability to successfully complete the art work as proposed 8. Duplication: To assure that the art work will not be duplicated, the artist shall be asked to warrant that the art work is unique and an edition of one, unless stated to the contrary in the contract. (Multiples shall be considered for selection at the city's discretion) E. The city shall make no promises to exhibit art work permanently or to maintain art work as the property of the city in perpetuity. Acquisition Procedures All potential acquisitions, whether gifts, donations, purchases, commissions, or loans of art to the City of Cupertino must be reviewed by the Fine Arts Commission and approved by the City Council or its designee. Works of art may not be accepted if the city cannot provide for the display, storage, protection and preservation of the work under conditions that insure its availability to the public, and insure its permanency in the city's collection. 5- Methods of acquisition shall include the following: Direct purchase Direct commission Gift or Donation Temporary Loan Permanent Loan Competition Temporary Exhibit Gifts All items accepted as gifts by the City of Cupertino will become the exclusive and absolute property of the City of Cupertino and may be displayed, loaned, retained or disposed of in the best interests of the City of Cupertino. The City of Cupertino will not, and shall not be required to carry any insurance against loss or destruction of or damage to such item. The City of Cupertino will not be required to exercise greater precautions for the care and the safety of such objects than it exercises with respect to its own property of same or similar nature. If the City of Cupertino decides not to accept the item and so notifies the owner, the owner has sixty(60) days from the date of notification to reclaim the item. If the item is not reclaimed, the City of Cupertino shall have the right to dispose of such property in any manner it may choose, or to place it in storage at the owner's risk and expense. The City of Cupertino may require a written order from the owner (or his duly authorized agent or legal representative)before it returns the item described in the agreement. See sample Gift Receipt on Page 9) Title Title to the works of art acquired for the permanent collection shall be transferred to the city of Cupertino. A contract between the city and artist or agent will be entered for loaned art. Copyright Works of art acquired through the acquisition process described above shall require a copyright agreement with the artist prior to acquisition, so that the city can make arrangements to use reproductions of the work for publicity and professional purposes, without infringing on the artist's copyright. Institutions or individuals interested in reproducing works of art in the City of Cupertino collection shall contact the staff liaison to the Fine Arts Commission in writing to request reproduction privileges. 6- Placement and Exhibition To ensure excellence in the work's physical embodiment of the principles of design, the involvement of an art professional in aesthetic decision-making is desirable. Sited works will be appropriate to the location, i.e. be proportionate in size and be appropriate for the setting. When making a recommendation to the City Council, the Fine Arts Commission shall take into consideration the site map of proposed city locations for artwork. Sited works may reflect the history and culture of the area. The following factors will be considered prior to placing art works: Visibility Lighting Public safety Traffic patterns (interior, exterior, pedestrian and auto) Relationship to existing art work, architecture, and natural features in the vicinity Future development plans for the area See sample agreements on Page 11-13) Access Works of art from the city collection shall be on public view in locations accessible to members of the public during regular business hours, unless other arrangements are agreed upon between the artist and the city. Preservation and Maintenance The Fine Arts Commission will conduct regular inspections and inventory all items in the collection to determine their condition and location, in order to identify any needed maintenance or restoration. Documentation The Fine Arts Commission, with the assistance of the staff liaison, will develop and maintain the archives and records of the city's collection (see sample Catalogue Form on Page 12) Information provided by the artist shall include: Photographs of work provided by the artist (preferably both digital and film) Written description of work provided by the artist Care and maintenance recommended by the artist Condition of the artwork when received and upon regular inspection Financial appraisal of the art work provided by the artist Location and date of installation A record of the purchase price and all correspondence pertaining to the artwork and its acquisition Artist's biography 7- Information maintained by the city shall include: An electronic catalogue entry of each object in the collection, (see sample Catalogue Form in appendix) All correspondence between the artist and the city Insurance Works of art that are on loan or temporary exhibit are insured as set forth in the contract with the artist or agent. The contract shall provide a full description of the art work, and insurance coverage shall include installation and removal of the art work as well as the period of time when it is to be on loan or exhibit. Deaccessioning Works of Art Works of art that are the property of the City of Cupertino shall be deaccessioned or removed following procedures pursuant to Civil Code 980 et seq. This Civil Code includes Section 985, "Sale of Fine Art", which provides that the artist is due 5% of any proceeds if the art work is sold, and Section 987, "Protection of Fine Art,", which protects artwork from destruction or alteration, and extends the legal rights of protection to the artist's heirs or beneficiaries for 50 years after the artist's death. Funds received by the City from the public sale of art works from the collection shall be directed back to the purchase of works of art for the collection, or for the conservation of objects in the collection. See sample Bill of Sale on page 10) 8- CITY OF CITY OF CUPERTINO CUPEkTINO Gift Receipt Possession of the art work listed on the face of this receipt is accepted by the City of Cupertino subject to the following conditions: 1. All art work accepted by the City of Cupertino will become the exclusive and absolute property of the City of Cupertino and may be displayed, retained, destroyed or disposed of in the best interests of the City of Cupertino. 2. The City of Cupertino will not, and shall not be required to carry any insurance against loss or destruction of or damage to such item. The City of Cupertino will not be required to exercise greater precautions for the care and the safety of such art work than it exercises with respect to its own property of same or similar nature. 3. The undersigned, herein called "Donor," hereby assigns, transfers and gives to the City of Cupertino, herein called "City," its successors and assignees, the rights to the art work described as follows: (Please provide all pertinent information in block letters) Title Artist's name(s) Materials/media Donor's estimated value Dimensions Weight 4. The gift is made by Donor unconditionally and without the reservation of any right, claims or interest in the above described personal property. Donor affirms that he/she owns said artwork and that to the best of his/her knowledge, has good and complete right, title and interest to give it to City. Donor hereby releases City from all liability with respect to any loss or damages to the artwork referred to in this agreement. Donor agrees that City shall not cover such artwork with insurance. I have read and understand the conditions of the Gift Receipt. DATE: DONOR SIGNATURE: The City of Cupertino acknowledges receipt of your offer to give the City of Cupertino the item described on this page. Formal notification of action on this offered gift will come after the regular meeting of the Cupertino City Council. DATE: CITY MANAGER SIGNATURE 9- s • CITY OF CUPEkTINO CITY OF CUPERTINO Bill of Sale In consideration of the receipt of the sum of the receipt of which is hereby acknowledged, the undersigned residing at address: in the City of County of State of California, hereby sells, assigns and transfers to residing at address], in the City of State of California, the following attached insert description of art], entitled " Dated Signature Acknowledgement] 10- CITY OF CITY OF CUPERTINO I JPERJINO Art Exhibition Agreement Artist)hereby deposits and loans the artwork described on the attached Receipt to the City of Cupertino for exhibition in for the period from to on the following terms and conditions: Standard of Care: Unless otherwise agreed to by the Artist,the City will exercise the same care with respect to the art referred to on the Receipt for Loan of Art(the"art") as it does in the safekeeping of comparable property of its own. Photography and Documentation: Unless the City is notified in writing to the contrary, the work(s)may be photographed and reproduced for City's private purposes. The City assumes the right,unless specifically denied by the Artist, to examine the work(s)by all modern photographic means available, and it is understood and agreed that information thus gathered will remain confidential and will not be published without the written consent of the Artist. Artist also recognizes and understands that the exhibition will occur in a public place where public mee':ings and events will occur that are subject to photography and other video recording as a matter of law, and Artist expressly permits incidental photography or other video recording under such circumstances. Return of Artwork: Art works accepted by the City on lean will not be returned to anyone other than the Artist except upon receipt of written order from the Artist or Artist's duly authorized agent or legal representative. The Artist shall not remove any of the artwork from the exhibition location during the specified loan period without the written consent of the City. In the case of death or incapacity of the Artist,the legal representative of the Artist is requested to notify the City as soon as possible, giving his or her full name and address in writing. The City may request the return to the Artist of any property deposited with it by written notice directed to the Artist. If the City, after making reasonable efforts and through no fault of its own, shall be unable to return the art within thirty(30) days of such notice,then the City shall have the absolute right to place the art in storage and to charge removal fees and costs. ][f, after six(6)months, the art has not been reclaimed, then in consideration for its storage and its efforts to safeguard the artwork during such period, the work(s) shall be deemed an unrestricted gift to the City. Even if the Artist does not remove the artwork on the date requested or on the date provided by this Agreement, whichever is earlier, the City may proceed to remove the art work from exhibition and install a different exhibition or store the Artist's artwork as provided in the previous paragraph. Limit of Liability. Artist agrees and understands that Artist has designated the Artist's signed price of each artwork item in the Receipt attached to this Loan Agreement and further agrees and understands that in no event shall the City be liable to the Artist for any amount in excess of the itemized signed price for any damage that may occur to any of the items of art. By accepting the artwork on loan, it is not implied in any way that the City has accepted the signed price as the actual value of the artwork,but only that this establishes the maximum liability of the City in exhibiting or storing the artwork. The undersigned understands and accepts this agreement. Artist Signature: Date: Address: Phone: Email:Fax: 1 1- CL J CITY OF CUPERTINO CITY OF Right of Entry and Indemnification AgreementUPE(TINO for Publicly Displayed Artwork This Right Entry and Indemnification Agreement ("Agreement") is made and entered into this day of 2 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California("City") and__ Exhibitor"). RECITALS WHEREAS, City wishes to encourage activities designed to enhance the aesthetics of the City of Cupertino; and WHEREAS, City is the owner of certain property located at in the City of Cupertino, County of Santa Clara("the Premises"); and WHEREAS, Exhibitor desires to erect a piece of an on a portion of the Premises for the period of to NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1. City grants to Exhibitor permission to enter upon that portion of the Premises outlined in red on Exhibit A, attached hereto, for the purpose of erecting a piece of art entitled The installation of the piece of art shall be at the sole cost and expense of Exhibitor, and such costs shall include any City permit and other fees, which Exhibitor shall pay on demand to City. SECTION 2. The right of entry granted herein shall be effective as of and shall terminate on SECTION 3. The piece of art shall be maintained by Exhibitor at all times in a safe, neat, and good physical condition. City shall be the sole judge of the quality of maintenance. If City is not satisfied with the maintenance by Exhibitor, Exhibitor, upon receipt of written notice submitted by the City through its City Manager which states in general terms the manner of required maintenance, shall perform the required maintenance. SECTION 4. Upon the expiration or earlier termination of this Agreement, Exhibitor, at his sole cost and expense, agrees to immediately remove the piece of art from that portion of the Premises and restore the site of the sculpture on the Premises to its original condition. If the Exhibitor fails to exercise his duties under this Section, City shall have the right to remove the piece of art, store it, and restore the Premises at no cost or liability to City. Exhibitor covenants and agrees to reimburse City for any removal, storage, and/or restoration costs and expenses. SECTION 5. The parties agree that City shall in no way be responsible for any loss of or damage (including defacement) to the piece of art or for any property belonging to or rented by Exhibitor, its officers, servants, agents, or employees that may be stolen, destroyed or in any way damaged during the erection or maintenance of the piece of art at the site on the Premises. 12- SECTION 6. Exhibitor agrees to indemnify, defend and hold harmless the City, its officers, agents, servants and employees against any claims or suits for loss or damage to personal property and damage or injury, including death, to any person or persons, arising out of or in connection with the existence, maintenance, use, or location of the piece of art on the Premises, whether or not caused, in whole or in part, by the alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of Exhibitor or City. Exhibitor agrees to assume all liability and responsibility of City, its officers, agents, servants and employees for those suits or claims. Exhibitor agrees to indemnify City for any injury or damage to the Premises, whether arising out of or in connection with any acts or omissions of Exhibitor or his officers, agents, employees, contractors, subcontractors, licensees, or invitees or caused in whole or in part by the alleged negligence of City's officers, agents, servants, employees, contractors, subcontractors, licensees, or invitees. SECTION 7. Exhibitors shall obtain and maintain until completion and acceptance of the work required by this Agreement at least all of the minimum insurance requirements required by the City's Risk Manager as specified in Exhibit B, attached hereto, prior to installation of the piece of art. Exhibitor understands and agrees that such insurance amounts may be revised or waived at any time at City's option, and Exhibitor agrees to comply with and provide any insurance revisions requested by City within five (5) days following receipt of notice of those requirements by Exhibitor. SECTION 8. This Agreement is personal to Exhibitor and is not assignable, and any attempted assignment of this Agreement shall terminate the privileges granted to Exhibitor under this Agreement. SECTION 9. Exhibitor agrees that if any action, whether real or asserted, at law or in equity, is brought under this Agreement, venue for that action shall lie in the County of Santa Clara, California. SECTION 10. City and its agents and employees, at all times during the installation and erection of the piece of art, shall have the right of entry and free access to the sculpture site and the right to inspect all work done, labor performed and materials furnished in and about the sculpture site and to inspect all aspects of the installation of the sculpture. WITNESS THE EXECUTION HEREOF the day and year first herein above written. APPROVED AS TO FORM: CITY OF CUPERTINO, a municipal Corporation 13- s City of CupertinonnwYp CITY of Catalogue of Art and Sculpture CUPERJINO Description Title: Subject Matter& Description: Date of Artwork: Dimensions: Materials & Condition: Location(s): Artist Name: Address: Telephone: Fax: Email: Website: Notes: Acquisition Date: Indicate method of acquisition: Direct purchase Direct commission Gift or donation Temporary loan/exhibit Permanent loan 14- Purchase price, if applicable: Value (with date of appraisal, if applicable): City of Cupertino ID number Owner Name: Address: Telephone: Fax: Email:Website: Notes: Copyright Status Maintenance Recommended care and maintenance, and any special services or supplies necessary. Condition (indicate the date the art was last inspected): Images Attach photographs and/or digital images