02-071 Robert EllisonRIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND ROBED;T ELLISON
This Right Entry Agreement ("Agreement") is made and entered into this day of
~, ~ STf ~G1p Z, , by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California ("City";i, and Robert Ellison. ("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 at 10185 N. Stelling Boulevard in the
City of Cupertino, County of Santa Clara ("tlie Premises"); and
WHEREAS, Exhibitor desires to erect a sculpture titled "Torque" on a portion of the
Premises for the period of one year beginning; 5 ~ and ending
WHEREAS, during this period of display, City shall have option to purchase said
sculpture for the price of $18,000.
NOW, THEREFORE, THE PARTIES HERI~TO AGREE AS FOLLOWS:
SECTION 1. City grants to Exhibitor penmi:~sion to enter upon that portion of the
Premises outlined in red on Exhibit A, attached hereto, for the purpose of erecting a
sculpture entitled "Torque", constructed of ps~inted welded steel,. measuring 9'S" x 32" x
30" .
SECTION 2. Exhibitor shall be responsible for delivery of the sculpture to the Premises,
and City shall be responsible for creation of ~~ cement pad and installation of the
sculpture.
SECTION 3. The right of entry granted herein shall be ei~ective as of ~ j J ~U~Z.
and shall terminate on - ' ~~
SECTION 4. Exhibitor may request and City may allow that the period of display be
extended two successive times for a total of three years. During the display period, City
shall have the option to purchase said sculpture for the price of $18,000.
SECTION 5. City shall be responsible during; the display period for loss, damage, or theft.
Artwork may not be painted or altered. Artwork may not be transferred to another party's
care.
SECTION 6. Upon the expiration or sooner termination of this Agreement, City shall
remove the sculpture from the display area, anal Exhibitor, at his sole cost and .expense
shall transport the sculpture from the Premises. If the Exhibitor fails to exercise his. duties
under this Section, City shall have the right to remove the sculpture and store it. Exhibitor
covenants and agrees to reimburse City for any storage or~transportation costs and
expenses.
SECTION 7. 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 8. 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 9. City and its agents and employees, at all times during the installation and
erection of the sculpture, 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 HERFiOF the day and year first herein above
written.
APPROVED AS TO FORM:
Charles Kilian, ity torney
CITY OF CUPERTINO, a municipal corporation
$.(r.0~
David Knapp, City Manager,
EXHIBITOR
,, ~
Ro Ellison