HomeMy WebLinkAboutReso 015-91 Gaia Acceptance· RESOLUTION NO. 15 - 91 ~'
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
FINAL ACCEPTANCE SUBJECT TO CERTAIN CONDITIONS
OF A SCULPTURE FROM THE DUBLIN FINE ARTS FOUNDATION
"GAIA" - NED SMYTH 1991
WHEREAS, the City of Dublin entered into an agreement dated December 11, 1989
(AGREEMENT) with the Dublin Fine Arts Foundation (DFA) and E.L.Smyth, Inc. (Artist); and
WHEREAS, said AGREEMENT provided for DFA to commission an original sculpture
created by the Artist; and
WHEREAS, the sculpture was to be installed in the courtyard at the Dublin Civic
Center; and
WHEREAS, DFA agreed to transfer ownership of the artwork to the City upon
installation; and
WHEREAS, the project is the first effort by DFA to place a permanent work of art
for the enjoyment and enrichment of the public; and
WHEREAS, the sculpture has been installed and inspected by the City Public Works
Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby accept the sculpture "Gala" pursuant to the AGREEMENT and subject to the following
conditions:
A "Sale of Work of Art with Warranty of Title" substantially similar to
Exhibit A hereto attached and by reference made a part hereof, shall be
executed by the Artist and a copy provided to the City. Said document
transfers the ownership of the sculpture from the Artist to DFA.
A "Certificate of Sale with Warranty of Title" substantially similar to
Exhibit B, attached hereto and by reference made a part hereof, shall be
executed by DFA and delivered to the City. Said document transfers ownership
of the sculpture from DFA to the City of Dublin.
Subject to Section 10A of the AGREEMENT dated December 11, 1989, the Artist
shall provide complete information on appropriate care and maintenance of the
sculpture. This shall include information on the interior structure,
fabrication methods, and materials pertinent to the possibility of later
repair or restoration.
BE IT FURTHER RESOLVED that upon submittal of all of the specified items, the
sculpture shall be fully accepted in accordance with the AGREEMENT.
PASSED, APPROVED AND ADOPTED this 11th day of February, 1991.
AYES: Councilmembers Burton, Howard, Jeffery, Moffatt, and Mayor Snyder
NOES: None
ABSENT: None
ATTEST:
a:sresoart.doc.agenda
SALE OF WORK OF ART WITH WARRANTY OF TITLE
1. This agreement is made between E.L. SMYTH, INC., herein
called "ARTIST" and the Dublin FineArts Foundation, herein called
"DFA."
2. The ARTIST has created a work of art which is described
as the "Work" in the Agreement between ARTIST, DFA and the City
of Dublin dated December 11, 1989, a copy of which is attached
hereto and incorporated herein (herein "AGREEMENT"). ARTIST
covenants that it is the sole owner of the "Work" and of all right,
title and interest therein.
3. In consideration of the sum of $100,000, receipt of which
is hereby acknowledged, ARTIST hereby conveys, grants, assigns ad
transfers to DFA all right, title and interest in the "Work" except
for those rights reserved to ARTIST by the AGREEMENT.
4. ARTIST, for itself, its heirs, executors and
administrators covenants and agrees to'warrant and defend the sale
of the "Work," to DFA, its executors, administrators and assigns,
against all lawful claims.
E.L. SMYTH, INC.
By:
Dated:
114\misc\art-sate.ehs
EXIIJBIT A
CERTIFICATE OF SALE WITH WARRANTY OF TITLE
1. The Dublin Fine Arts Foundation, E.L. Smyth, Inc. and the
City of Dublin are parties to an Agreement dated December 11, 1989,
(herein the AGREEMENT), a copy of which is attached hereto and
incorporated herein, for the creation of a work of art (herein the
"Work") by E.L. Smyth, Inc.
2. Pursuant to the AGREEMENT, E.L. Smyth, Inc. has conveyed
the "Work" to the Dublin Fine Arts Foundation except for those
interests reserved by the AGREEMENT.
3. The Dublin Fine Arts Foundation hereby conveys, grants,
assigns and transfers to the City of Dublin all right, title and
interest in the "Work" except. for those rights reserved to E.L.
Smyth, Inc. by the AGREEMENT.
4. The Dublin Fine Arts Foundation, for itself, its heirs,
executors, administrators and assigns, covenants and agrees to
warrant and defend the sale of the "Work" to the City of Dublin,
its successors and assigns, against all lawful claims.
Dublin Fine Arts Foundation
Dated:
114\misc\art-sate.ehs
By:
EXI~BIT B