Loading...
HomeMy WebLinkAboutItem 5.1 DFAF LoanedArtsPgrm " "..:t CITY CLERK Flle#(l~-~ . AGENDA STATeMENT CITY COUNCIL MEETING DATE: March 26, 1996 SUBJECT: Dublin Fine Arts Foundation (OF AF) Loaned Arts Program Sculpture #5. Report Prepared by: Diane Lowart,. Parks & Community Services Direc~! __ _ .. . . -....-_ ..............._ _.__ ~ ~o \ .0.'0' ~'. . ~. A. Correspondence from Lynne Baer, Consulting Director B. Photo of "Steel Watercolor #99" C. Proposed Agreement EXlUBITS ATTACHED: ~. ~ Approve proposal from the Dublin Fine Arts Foundation and authorize the Mayor to execute the agreement and direct Staff to work with DF AF to complete the installation. RECOMMENDATION: FINANCIAL STATEMENT: Kemper Real Estate management Company shall pay all direct costs. Depending on the location, additional landscape maintenance expenses may be incurred. DESCRIPTION: One of the initial goals of the Dublin Fine Arts Foundation (DFAF) .as to develop a "Sculpture Park" which would provide residents with an opportunity to experience fferent types of artwork. The foundation has, on four previous occasions, made arrangements with recognized artists to loan large sculptures to the City of Dublin to be displayed at the Dublin Civic Center. In the attached letter from Lynne Baer, Consulting Director for DFAF, it is indicated that the Foundation would like to display a sculpture created by internationally known Bay Area artist, Fletcher Benton. Completed in 1989, "Steel Watercolor #99" is from a series the artist calls "sculptural drawings". The sculpture stands 22 1/2 feet tall and approximately three feet at its widest point. The proposed location for the work is in the grassy area between the Plaza Fountain and the Civic Center building. facing Dublin Boulevard. The piece is owned by the Kemper Real Estate Management Company (owner of "Sirius" currently on loan to the City and displayed in the rear of the Dublin Civic Center grounds) who needs a location to exhibit the work until they are able to sell it. The cost of moving and installing the sculpture will be borne by Kemper Real Estate Management Company. The proposed agreement (Exhibit C) is similar to previous agreements used for loaned artwork. Kemper will retain ownership of the sculpture and agrees to display it until such time that it is sold. In the event that the sculpture does not sell and the City desires that the sculpture be removed, Kemper will be responsible for removing it at no cost to the City. The agreement also provides that Kemper will be -----------------------------------------------------------~------- .' COPIES TO: Dublin Fine Arts Foundation Kemper Real Estate Management Company ITEMNO. . ~.L F/d faf-mlscl326stwcc.doc responsible for the pttrVision. of property insurance coverage in the event of a loss associated. with the display. . " " . 4. Staff recommend$tbatthoCity,Counci1 approve the proposal from the Dublin Fine Arts FOlmdation for ~"Stee1; W~lor mn at ~e, ~~.CiviC~enterand authorize'the Mayor toeKeCUtethe . , . .'<f~, ". !'i-::~ , J ../' ..'."., '... c' , ., ", :'."';,,, i " . -.' .' '. ,".' ,'. .. ,.'''s ", .~"};~;;, :'" ;.-\,< ~: I =; .=::::.:::::::.::= : j i :.,' " ......... . ,,", . . " ". , '::-...'. .;,,'.. , n\: . . . ',.. /., . . I~ ,", 'J." , ."... .. ., ." . ;'.Ii:)f'::,:", ,.d," .. , ~",,,,O:\' . ;;,'<;."~~,~;, ::;~:~~t.~ ..^", 'i ..":, : , U JJ .u .l 11/ I' 1 1'i L l\ n 1 ~ l' U U 1'1 V f\ 1 i U P . ogo . . March 19, 1996 ,Mayor Guy Houston . city counni 1 Memb~!:rs \~ity of Dublin 100 Civjc P1Qza :fUbJin, ~A 94568 IOAAr Mayor Houston and city Council _-:'~. _. ~.ll Men\bcrlSi The Dublin Fine Arts Foundation is pleased to present ~or your approval a large-scale steel sculpture for long term loan for the Dublin Sculpture Park. The Foundation has been approached by a representative for the Kemper Real Estate Management Company to place another important work by another internationally known Bay Area artist, Fletcher Benton, on long term loan in the community of Dublin at their cost. Kemper needs a location to exhibit the work until they are able to sell it. Completed in 1989, "Steel Watercolor #99" is from a series the artist calls "sculptural drawings". Mr. Benton works with steel to create the feeling of fine lines drawn in space. He has taken the heavy material of steel and made it appear delicate and maleable. The sculpture stands 22 1/2 feet tall and approximately three feet at its widest point. Fletcher Benton has exhibited widely in the united states and Europe and has large scale works in public spaces throughout California. We propose to place the work in the grassy area between the Plaza Fountain and the civic Center building facing Dublin Boulevard. We feel this sculpture will be a positive addition to the Dublin Sculpture Park. The Foundation appreciates the contin~ed support of the city Council in our efforts to integrate art into public spaces of the community. '" Best regards, 1y;1-1<..C C~;;~----- Lynne Baer Consulting Director cc: Linda Jeffery, President DFAF ". (I. 1111 \ ~ '/1 ~. IJ 1'1I1.1.~. c: ,\ ') I.; (, II EXHIBIT A ~~. . . . AGREEMENT . THIS AGREEMENT is made and entered into as of the day of , 1996 by and between THE DUBLIN FINE ARTS FOUNDATION, a non-profit corporation (hereinafter called the "DFAF"), Kemper Real Estate Management Company, (hereinafter called "OWNER") and the CITY OF DUBLIN, a municipal corporation (hereinafter called the "CITY"). WITNESSETtr...:-. --:.:--==- , " ~'. WHEREAS, DFAF desires to arrange for the temporary display of a large scale work of art at the Dublin Civic Center, in Dublin, California; and WHEREAS, DFAF has made arrangements with OWNER to display a sculpture on the Dublin Civic. Center grounds which are owned by the CITY. NOW, THEREFORE, the parties agree as follows: 1. Consignment of Sculpture A. OWNER agrees to deliver to DFAF, for exhibition and sale purposes, a Sculpture titled "Steel Watercolor #99" (hereinafter called "SCULPTURE") which has approximate dimensions of 22 1/2 feet tall and approximately 3 feet at its widest point. . 8. OWNER agrees that the fair market value of the SCULPTURE does not exceed (Eighty Five Thousand Dollars) $85,000. C. The parties agree that this Agreement shall be construed in accordance with Sections 1738, et seq. of the California Civil Code. D. OWNER agrees to conSign to DFAF the SCULPTURE described in Section 1 for one year, except as provided in Section 4(B). E. OWNER agrees to remove the SCULPTURE at the request of the CITY upon six (6) months prior notice. 2. OWNER'S Rights and Responsibilities A. OWNER shall be responsible for safe and secure installation and removal of the SCULPTURE. Said work of installation shall be coordinated with CITY to avoid damage to underground utilities and other CITY facilities. 8. OWNER, or his authorized representative, shall personally supervise the installation of the SCULPTURE. . Page 1 of 4 EXHIBIT C C. OWNER hereby expressly warrants that he is the owner of the described SCULPTURE or is the legal representative of, or has express authority to act as the agent for the OWNER in connection with the consignment hereby made. . D. OWNER shall pay all costs associated with the transportation of the SCULPTURE to the Dublin Civic Center, and the costs associated with installation and removal of the SCULPTURE. 3. DFAF Rights and Responsibilities A. DFAF shall have the right to photograph and record the SCULPTURE for purposes of providing documentation of the exhibition, including a catalogue description, educational programs, or publicity. DFAF shall also have the right to permit any person or persons to do the same. 1~!' . 4. Term of Consignment A. The term of the consignment shall be for one year following the date of installation. The consignment term may be extended upon written approval of all parties to this Agreement. The consignment term may be shortened as described in Section 4 (8). 8. If the OWNER sells the SCULPTURE during any consignment period pursuant to this Agreement, the SCULPTURE may be removed pursuant to the following conditions: . 1) OWNER shall coordinate the removal with CITY to avoid any damage to CITY facilities. 2) If SCULPTURE is removed pursuant to this section within six (6) months following the date of installation, OWNER shall be responsible for all removal costs, including removal of concrete piers and replacement of sod. 3) If the work is sold to a party brought to the OWNER by DFAF or the CITY while on exhibit at the Dublin Civic Center, a commission equal to eight percent (8%) of the sale price shall be paid to DFAF. 5. Signs A. Any signs identifying or associated with the SCULPTURE shall be approved prior to installation by CITY and OWNER as to form, style, materials, content and location. B. The cost associated with constructing and installing any approved sign shall be the responsibility of DFAF. . Page 2 of 4 . . . 6. Insurance A. CITY maintains liability insurance coverage with includes CITY facilities and grounds. CITY agrees to maintain such liability insurance coverage during the term of this consignment and to name DFAF and OWNER as an additional insured under such coverage. OWNER shall maintain liability insurance and name CITY as additional insured with respect to OWNER responsibilities pursuant to Section 2(A) of this Agreement. B. OWNER agrees to maintain property insurance coverage on the SCULPTURE and shall provide CITY with satisfactory evidence of such insurance coverage. .', ~' 7. Defects or Damage A. The OWNER shall guarantee that, upon installation, the sculpture is free of all defects in its design or workmanship. If, at any time during the consignment period, any defects attributable to normal wear and tear are observed, OWNER shall be notified. OWNER agrees to promptly and satisfactorily repair, correct or replace said defects at OWNER'S expense. B. Notwithstanding Section 1738 et seq. of the California Civil Code, the risk of loss or damage to the SCULPTURE shall be borne by the OWNER. C. OWNER recognizes and agrees that the SCULPTURE will be displayed on public property open to the elements and members of the public. CITY shall not be responsible for wear and tear, damage caused by the elements, or scratches, abrasions or surface defects caused by exposure to the public or normal and customary landscape and maintenance activity. D. DFAF and CITY agree that they will not intentionally damage, alter, relocate, modify or change the SCULPTURE in any way and will take reasonable precaution in order that it will not be damaged, altered, modified or changed by anyone in any manner. Notwithstanding this paragraph, the provisions of Section 7(B) above, apply. 8. Notice All notices herein shall be in writing, by certified mail, return receipt requested, and shall be served as follows: To DFAF at: DFAF President 7604 Arbor Creek Circle POBox 2912 Dublin CA 94568 Page 3 of 4 To CITY at: To OWNER at: .~~, City Manager City of Dublin 100 Civic Plaza POBox 2340 Dublin CA 94568 President Kemper Real Estate ManagemeRFCo~ '. 3470 Mt. Diablo Blvd, Suite A 100 POBox 1459 Lafayette CA 94549 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on the date first written. DUBLIN FINE ARTS FOUNDATION, a non-profit corporation By: President CITY OF DUBLIN a municipal corporation By: Mayor KEMPER REAL ESTATE MANAGEMENT COMPANY By: ATTEST: By: President City Clerk h/pcs/dfa-agmt Page 4 of 4 ,. . . .