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HomeMy WebLinkAboutItem 4.05 AmendTempDisplays '. CITY CLERK File # D~[Q][Q]-[3]~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 7,1998 SUBJECT: Amendment to Agreements for the Temporary Displays of Sculpture at the Dublin Civic Center. Report by: Diane Lowart. Parks & COI:nmunity Services Director EXHIBITS ATTACHED: A. Second Amendment To Extend Time - Steel Watercolor No. 99 B. Third Amendment to Extend Time - Sirius ~:I RECOMMENDATION: ff1-- .t~ Authorize Mayor to Execute Amendments FINANCIAL STATEMENT: None DESCRIPTION: The City of Dublin currently has two large scale sculptures on loan from KLMLP. LP (formerly Kemper Real Estate Management Company). The sculptures include "Sirius" a 47' by 18' bronze sculpture created by internationally known bay area artist Peter V oulkos. and "Steel Watercolor #99" a 22 1/2 foot tall sculpture by another bay area artist, Fletcher Benton. . The agreement terms for both agreements have expired but there are provisions for extension upon written approval of all parties to the agreements. Both the Dublin Fine Arts Foundation and the KLMLP. LP have indicated a desire to extend the loans for an additional year. Attached in Exhibit A and B are amendments to the agreements prepared by the City Attorney. The amendments provide for one year extensions. " It is recommended that the City Council authorize the Mayor to execute the amendments. .------------------------------------------------------------------- COPIES TO: KLMLP, LP Dublin Fine Arts Foundation ITEM NO. M F: \dfafuniscella\cc77 est.doc . . . SECOND AMENDMENT TO EXTEND TIME This Second Amendment to Extend Time entered into as of the day of , 1998, by The Dublin Fine Arts Foundation, a non-profit corporation (hereinafter called "DFAF"), KLMLP, LP, a Delaware limited partnership (hereinafter called "KLMLP,,), and the City of Dublin, a municipal corporation, (hereinafter called "City"), amending the Agreement dated March 26, 1996 and the First Amendment to Extend Time dated May 6, 1997. RECITALS WHEREAS, the Agreement dated March 26, 1996 was entered into by The DF AF, The City, and Kemper Real Estate Management Company for the consignment of the sculpture titled "Steel Watercolor No. 99", and WHEREAS, a First Amendment to Extend Time dated May 6, 1997 was entered into by the parties to the March 26, 1996 Agreement and provided for an extension of the consignment term for an additional one year period; and WHEREAS, the parties to this First Amendment to Extend Time wish to extend the consignment term for an additional one year period. Now therefore the parties agree as follows: 1. The parties agree to extend the consignment term of the "Steel Watercolor No. 99" sculpture for an additional one year period from the date of execution of this Second Amendment to Extend Time. 2. All provisions, terms, and covenants of the First Amendment to Extend Time and the original Agreement regarding consignment of the sculpture, the rights and responsibilities of the parties, the term of the consignment, signs, insurance, effects or damage, and notice shall remain in full force and effect during the term of the extension of the consignment. In witness whereof the parties hereto have set their hand to this Second Amendment to Extend Time on the date first written above. DUBLIN FINE ARTS FOUNDATION By: President Second Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation Page 10f2 July 7, 1998 Exhibit A CITY OF DUBLIN ATTEST: By: Mayor . KLMLP, LP By: Its: Second Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation By: City Clerk Page 20f2 July 7, 1998 . . . . . . THIRD AMEND:MENT TO EXTEND TIME This Third Amendment to Extend Time entered into as of the day of , 1998, by The Dublin Fine Arts Foundation, a non-profit corporation (hereinafter called "OF AF"), KLMLP, LP, a Delaware limited partnership (hereinafter called "KLMLP''), and the City of Dublin, a municipal corporation, (hereinafter called "City"), amending.the Agreement dated August 24, 1994 and the Second Amendment to Extend Time dated May 6, 1997. RECITALS WHEREAS, the Agreement dated August 24, 1994 was entered into by The DF AF, The City, and Kemper Real Estate Management Company for the consignment of the sculpture titled "Sirius", and ". WHEREAS, a First Amendment to Extend Time dated Janumy 9, 1996 was entered into by the parties to the August 24, 1994 Agreement and provided for an extension of the consignment term for an additional one year period; and WHEREAS, a Second Amendment to Extend Time dated May 6, 1997 was entered into by the parties to the August 24, 1994 Agreement and provided for an extension of the consignment term for an additional one year period; and WHEREAS, the sculpture titled "Sirius" is now owned by KLMLP, and WHEREAS, the parties to this Thi.rd Amendment to Extend Time wish to extend the consignment term for an additional one year period. Now therefore the parties agree as follows: 1. The parties agree to extend the consignment term of the "Sirius" sculpture for an additional one year period from the date of execution of this Third Amendment to Extend Time. 2. All provisions, terms, and covenants of the Second Amendment to Extend Time and the original Agreement regarding consignment of the sculpture, the rights and responsibilities of the parties, the term of the consignment, signs, insurance, effects or damage, and notice shall remain in full force and effect during the term of the extension of the consignment. In witness whereof the parties hereto have set their hand to this Third Amendment to E},.'tend Time on the date first written above. Third Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation Page 1 of2 July 7, 1998 Exhibit B DUBLIN FINE ARTS FOUNDATION By: President CITY OF DUBLIN By: Mayor KLMLP, LP By: Its: Third Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation ATfEST: By: City Clerk Page 20f2 July 7, 1998 .' . . .