ROTARY CLUB OF PLEASANTON (2) - Laserfiche WebLink

3 standards. The Donor must notify the City in advance of any proposed maintenance activities, and work may not proceed without written consent from the City. 6. Replacement or Refurbishment of Artwork. Because the Artwork is designed to be installed within a frame that allows for potential replacement, the parties agree to the following: a. Donor shall remain responsible for monitoring the condition of the Artwork after installation. If, in the City’s sole discretion, the Artwork becomes unsightly, deteriorated, or inconsistent with the standards of the City's Art in Public Places program, the City may request that the Donor refurbish or replace the Artwork. Rotary of Pleasanton agrees to comply with such request, at the Donor’s expense, within a reasonable time period not to exceed 180 days. b. Donor shall proactively propose a replacement or refurbishment of the Artwork at least once every ten (10) years from the date of installation, subject to City approval as described in subsection (c). If the City determines that no replacement is necessary, the Artwork may remain in place. c. Any proposed replacement or modification of the Artwork must be reviewed and approved in writing by the City prior to installation. The City retains full discretion to approve or deny any proposed change to the Artwork, including but not limited to the artist, theme, content, or medium. d. If Donor fails to respond to a City request for refurbishment or replacement, or to propose an alternative within 180 days, the City may remove the Artwork and treat it in accordance with Section 2 (Removal or Relocation) and Section 3 (Donor’s Option). 7. Notice. All notices herein required shall be in writing, by certified mail, return receipt requested, and shall be served on the parties as listed below. Any of the above addresses may be changed by notice sent to the other party as herein provided. To City at: Library and Recreation Department To Donor at: Rotary Club of Pleasanton Attn: Civic Arts Manager P.O. Box 352 400 Old Bernal Ave. Pleasanton, CA 94566 Pleasanton, CA 94566 8. Indemnification. The Donor shall hold harmless, defend, and indemnify the City, its Council, officials, employees, volunteers, agents, sponsors, and promoters from any and all claims, costs, demands, causes of action, lawsuits, losses, expenses, or liability, including attorneys’ fees, arising from or the alleged acts or omissions of the Donor or agents, or anything arising from this Agreement. Docusign Envelope ID: 609CE42A-4718-4AD4-89B0-568B5A173605Docusign Envelope ID: 0A052194-A42B-404C-A028-767B94D484BC