HomeMy WebLinkAbout4.5 - 1541 Public Art Installation and Maintenance Agr
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STAFF REPORT
CITY COUNCIL
DATE: August 15, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Public Art Installation and Maintenance Agreement with Dublin Apartment
Properties LLC (Bay West)
Prepared by: Tegan McLane, Cultural Arts & Heritage Manager
EXECUTIVE SUMMARY:
The City Council will consider the approval of a Public Art Installation and Maintenance
Agreement with Dublin Apartment Properties LLC, as required by the City's Public A rt
Ordinance. The Agreement outlines the developer's responsibilities to maintain the
artwork in a safe and attractive manner.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Public Art Installation and Maintenance Agreement
with Dublin Apartment Properties LLC, for Public Art at the Aster Development.
FINANCIAL IMPACT:
None. Costs associated with installation and maintenance of this privately-owned
artwork are the sole responsibility of the Developer.
DESCRIPTION:
Under the City of Dublin's Public Art Ordinance (Ordinance No. 14-08, 8.58.070-D), a
developer is required to "execute an agreement between the City and the developer,
prior to first occupancy of the first structure of the project, which sets forth the
ownership, maintenance responsibilities, and insurance coverage for the public art
project."
On June 7, 2016, City Council approved the proposed public art for Aster, a Downtown
mixed-used development project developed by Dublin Apartments Properties LLC
(commonly known as BayWest Development). A Public Art Installation and Maintenance
Agreement has been prepared, spelling out the Developer's responsibility as owner of
the artwork to maintain it for the public's enjoyment and safety.
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Under the agreement, the Developer agreed to install an artist-designed painted
aluminum sculpture with 30 cast stainless steel birds, near the corner of Dublin
Boulevard and Golden Gate Drive, designed by artist Deirdre Murphy. The artwork is
already in place, having been installed during the construction process.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution: Public Art Maintenance and Installation Agreement with Dublin Apartment
Properties LLC
2. Public Art Installation and Maintenance Agreement with Dublin Apartment Properties
ATTACHMENT 1 - 1 -
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT
WITH DUBLIN APARTMENT PROPERTIES, LLC,
FOR PUBLIC ART AT THE ASTER DEVELOPMENT
WHEREAS, Dublin Apartment Properties, LLC, owns and operates the 313-unit Aster
apartment property located at _7544 Dublin Boulevard, which is owned and managed by Bay
West Development (“Developer”); and
WHEREAS, Developer is required under Dublin’s Public Art Ordinance, Municipal Code
section 8.58.060(A) to install Council-approved public art with its mixed use development; and
WHEREAS, on June 7, 2016, City Council approved Developer’s proposed public artwork
by artist Deirdre Murphy; and
WHEREAS, Developer has entered into a contract with artist Deirdre Murphy to complete
the approved artwork; and
WHEREAS, artist Deirdre Murphy has completed fabrication of the approved art; and
WHEREAS, Developer has installed the completed artwork as required; and
WHEREAS, Dublin’s Public Art Ordinance, Municipal Code section 8.58.070(D) requires
that developer execute an agreement with the City, prior to occupancy of the first structure in
the project, which sets forth the ownership, maintenance responsibilities, and insuranc e
coverage for the public artwork.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the Public Art Installation and Maintenance Agreement with Dublin Apartment
Properties, LLC, attached hereto as Exhibit A and authorizes the City Manager to execute the
agreement.
PASSED, APPROVED AND ADOPTED this 15th day of August, 2017.
AYES:
NOES:
ABSENT:
________________________________________
Mayor
ATTACHMENT 1 - 2 -
ATTEST:
_______________________________________
City Clerk
2842917.1
PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT
This PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT ( "Agreement ") is
dated as of August 15, 2017 ( "Effective Date "), and is entered into between the CITY OF
DUBLIN, a California municipal corporation ( "City "), and DUBLIN APARTMENT PROPERTIES, LLC
( "Developer "). City and Developer may be referred to individually as a "Party" or collectively as
the "Parties." City and Developer enter into this Agreement with reference to the following
recitals of fact (each, a "Recital "):
RECITALS
A. Developer is the owner of property in the City of Dublin ( "City ") generally
located at the intersection of Dublin Blvd and Golden Gate Drive, and known as Aster
Apartments at 6775 Golden Gate Drive (941- 1500 - 015 -09) ( "Property "). Developer intends to
develop up to 313 dwellings units and 17,000sf of retail on the Property ( "Project ").
B. On February 1, 2011, the City Council approved Resolution No. 08- requires
Developer to acquire and install a public art project in accordance with Chapter 8.58 of the City
Municipal Code valued at a minimum of $439,216.22, to comply with the Project's public art
compliance report submitted by the Developer and on file with the City, and to, prior to first
occupancy, (a) secure completion of the public art project in a manner deemed satisfactory to
the City and (b) execute an agreement between the City and Developer that sets forth the
ownership, maintenance responsibilities and insurance coverage for the public art project.
C. Developer entered into a Public Art Agreement with Deirdre Murphy - White, a
sole proprietor ( "Artist "), on or around June 15, 2015 ( "Artist Agreement "). Under the Artist
Agreement, the Artist agreed to design, fabricate and install public art on the Property. The
Artist Agreement contains maintenance provisions, warranties, standards and releases. A copy
of the Artist Agreement is attached hereto and incorporated herein by reference as "Exhibit A."
Developer intends to assign its interests in the Artist Agreement to the Project.
D. On May 12, 2016, the Heritage and Cultural Arts Commission reviewed the
proposed public art project prepared by the Developer ( "Public Art ") and recommended
approval of the Public Art to the City Council. On June 7, 2016, the City Council approved the
Public Art design. The Public Art consists of "Warbler Migration," 5'6 "h x 25'l x 14 "w, painted
aluminum sculpture with 30 cast stainless steel birds. The Public Art will be installed in the
location set forth on "Exhibit B," which is attached hereto and incorporated herein by
reference.
E. The Parties desire to enter into this Agreement to memorialize the City's
approval of the Public Art. Further, compliance with this Agreement is intended to fully satisfy
the Condition and Developer's obligation to enter into an agreement setting forth ownership,
maintenance responsibilities and insurance coverage for the Public Art.
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NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THE PROMISES
AND COVENANTS OF CITY AND DEVELOPER SET FORTH IN THIS AGREEMENT, CITY AND
DEVELOPER AGREE, AS FOLLOWS:
TERMS AND CONDITIONS
1. PUBLIC ART INSTALLATION, OWNERSHIP AND MAINTENANCE
1.1 Installation and City Manager Determination. Developer shall cause the Public
Art to be installed on the Property at the locations set forth on Exhibit B. Within five (5)
working days of notice of the installation, the City Manager, or his designee, shall determine if
the Public Art has been completed in a satisfactory manner, which determination shall not be
unreasonably withheld, conditioned or delayed and shall be made if the Public Art is in
compliance with Exhibit C, and if such determination cannot be made, the City Manager shall
provide written notice to Sean Murphy (sean @baywestdevelopment.com) specifying the
corrective work needed for compliance within this five (5) day time period. In the event that
corrective work is required to bring the Public Art into compliance, Developer will notify the
City upon completion of the corrective work, and the City Manager will again be permitted five
(5) days to inspect the work as provided in this paragraph. If written notice of the City
Manager's approval or corrective work needed is not timely provided to Name /email, the
Public Art shall be deemed approved and completed to the City Manager's satisfaction, and
certificates of occupancy shall not be withheld for failure to satisfy the Condition.
1.2 Ownership and Developer's Maintenance. Following the City's approval or
deemed approval, as set forth in Section 1.1 above, Developer shall accept the Public Art from
the Artist. Thereafter, Developer shall own the Public Art and shall maintain the Public Art, at
its sole cost and expense, in good repair and condition and in accordance with the general
maintenance plan prepared by the Artist under the Artist Agreement. Developer will use
reasonable efforts to maintain the Public Art in good repair and condition. If the Public Art
suffers deterioration due to any cause other than Developer's failure to maintain the Art,
Developer and City shall meet and confer in good faith to determine whether to replace any
portion of the Public Art or translate any component into new media, or whether to restore the
Public Art. The anticipated life span of the Public Art varies based on the specific piece of art, as
set forth in Exhibit B, 15 years from the date of approval or deemed approval by the City, as set
forth in Section 1.1 above. After that time, Developer may, in consultation with City, re-
evaluate the Public Art to determine if it retains its identity as a work of art and, if not, whether
to take appropriate action, including the possibility of destroying the Public Art. In the event
that the Developer, in consultation with City, determines that the Public Art does not retain its
identity as a work of art and Developer wishes to destroy the Public Art, the Developer must
replace the Public Art with art of similar value, adjusted for inflation ( "Replacement Art "). Any
proposed Replacement Art must be approved by the City prior to the destruction of the Public
Art.
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1.3 City's Maintenance Option. In the event that Developer fails to maintain the
Public Art in accordance with this Agreement, City shall provide written notice of such
condition. In the event that Developer fails to cure or commence to cure the condition within
thirty (30) days following receipt of such notice, the City shall have the right, but not the
obligation, to perform all acts necessary to cure such condition (or to pursue such other remedy
available to the City), including without limitation the right to access the Public Art, and to
receive from Developer the City's costs for such action.
1.4 Modifications; Relocation. Developer intends to display the Public Art as
originally created by Artist at the locations set forth on Exhibit B. Notwithstanding the
foregoing, Developer may make minor modifications to the Public Art and /or relocate the
Public Art with the consent of the Director of Parks and Community Services, which shall not be
unreasonably withheld, conditioned or delayed. Visual Barriers. The Parties agree that no
structures or visual barriers of any kind that impair or impede the public's ability to view the
Public Art shall be constructed or maintained on or adjacent to the Public Work, nor shall the
Parties do anything that shall prevent, impair, or discourage the public's ability to view the
Public Art.
1.5 Insurance. Developer and Artist are required to secure and maintain insurance
during the fabrication and installation phases of the Public Art as set forth further in the Artist
Agreement. Developer shall provide City with verification of the required insurance under the
Artist Agreement. In addition, Developer shall obtain and maintain in effect a combined single
limit policy of liability insurance not less than one million dollars ($1,000,000) covering the
Public Art placed with insurers with a Bests' rating of no less than A:VII and shall name the City
as an additional insured on such policy. An endorsement must state that coverage is primary
insurance with respect to the City and its officers, officials, employees and volunteers, and that
no insurance or self- insurance maintained by the City shall be called upon to contribute to a
loss under the coverage. Any failure of Developer to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents, and
volunteers. Developer shall notify City within 14 days of notification from Developer's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
1.6 Satisfaction of the Condition. City agrees that compliance with this Agreement
shall fully satisfy the Condition. Provided Developer is in substantial compliance with this
Agreement and has otherwise fulfilled any non - Public Art - related requirements, the City may
not withhold issuance of Project building permits and /or certificates of occupancy, including
but not limited to the first certificate of occupancy for the Project, based on the Condition.
2. GENERAL PROVISIONS
2.1 Incorporation of Recitals. The Recitals set forth above are true and correct and
incorporated into this Agreement by reference.
2.2 Notices Demands and Communications Between the Parties.
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2.2.1 Delivery. Any and all notices submitted by any Party to another Party
pursuant to or as required by this Agreement shall be proper if in writing and dispatched by
messenger for immediate personal delivery, nationally recognized overnight (one business day)
courier (i.e., United Parcel Service, Federal Express, etc.) or by registered or certified United
States mail, postage prepaid, return receipt requested, to the address of the recipient Party, as
designated in this Section. Notices may be sent in the same manner to such other addresses as
the Parties may from time to time designate by notice in accordance with this Section. Notice
shall be deemed received by the addressee, regardless of whether or when any return receipt is
received by the sender or the date set forth on such return receipt, on the day that it is
dispatched by messenger for immediate personal delivery, one business day after delivery to a
nationally recognized overnight carrier or two (2) calendar days after it is placed in the United
States mail in accordance with this Section 2.2.1. Any attorney representing a Party may give
any notice on behalf of such Party.
2.2.2 Addresses. The notice addresses for the Parties, as of the Effective
Date, are as follows:
To Developer:
Dublin Apartment Properties, LLC
2 Henry Adams Street
Suite #450
San Francisco, CA 94103
Attn: Bill R. Poland
Telephone: 415.602.8128
Email: sean @baywestdevelopment.com
With a copy to: (developers' attorney)
Miller Morton Caillat & Nevis, LLP
50 West San Fernando Street
Suite #1300
San Jose, CA 95113
City, State ZIP
Attn: Bill Hurley
Telephone: 408.292.1765
Email: WKH @millermorton.com
To City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Attn: City Manager
Telephone: (925) 833 -6650
Email: city.manager @dublin.ca.gov
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With a copy to:
Meyers Nave
555 12th Street, Suite 1500
Oakland, CA 94607
Attn: John D. Bakker, Esq.
Telephone: (510) 808 -2000
Email: jbakker @meyersnave.com
2.3 Relationship of Parties. The Parties each intend and agree that City and
Developer are independent contracting entities and do not intend by this Agreement to create
any partnership, joint venture, or similar business arrangement, relationship or association
between them.
2.4 Legal Actions. Either Party may institute legal action, at law or in equity, to
enforce or interpret the rights or obligations of the Parties under this Agreement or recover
damages.
2.5 Rights and Remedies are Cumulative. Except as otherwise expressly stated in
this Agreement, the rights and remedies of the Parties set forth in this Agreement are
cumulative and the exercise by a Party of one or more of such rights or remedies shall not
preclude the exercise by such Party, at the same or different times, of any other rights or
remedies for the same default or the same rights or remedies for any other default by the other
Party or Parties.
2.6 Principles of Interpretation. A word, term or phrase defined in the singular in
this Agreement may be used in the plural, and vice versa, all in accordance with ordinary
principles of English grammar, which shall govern all language in this Agreement. The words
"include" and "including" in this Agreement shall be construed to be followed by the words:
"without limitation." Each collective noun in this Agreement shall be interpreted as if followed
by the words "(or any part of it)," except where the context clearly requires otherwise. Every
reference to any document, including this Agreement, refers to such document, as modified
from time to time (excepting any modification that violates this Agreement), and includes all
exhibits, schedules, addenda and riders to such document. The word "or" in this Agreement
includes the word "and." Every reference to a law, statute, regulation, order, form or similar
governmental requirement refers to each such requirement as amended, modified,
renumbered, superseded or succeeded, from time to time.
2.7 Governing Law. The procedural and substantive laws of California shall govern
the interpretation and enforcement of this Agreement, without application of conflicts or
choice of laws principles. The Parties acknowledge and agree that this Agreement is entered
into, is to be fully performed in and relates to real property located in the County of Alameda,
State of California. All legal actions arising from this Agreement shall be filed in the Superior
Court of California in and for the County of Alameda or in the United States District Court with
jurisdiction in the County.
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2.8 No Third -Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement on any person
or entity other than the Parties and their respective permitted successors and assigns, nor is
anything in this Agreement intended to relieve or discharge any obligation of any third person
to any Party or give any third person any right of subrogation or action over or against any
Party.
2.9 Time Declared to be of the Essence. As to the performance of any obligation
under this Agreement of which time is a component, the performance of such obligation within
the time specified is of the essence.
2.10 Legal Costs. In the event that a Party brings an action to enforce this Agreement
or otherwise arising out of this Agreement, the prevailing Party in such action shall be entitled
to recover from the other Party its Legal Costs (which shall be defined to include all reasonable
costs and expenses such Party incurs in any legal proceeding, or other matter for which such
Party is entitled to be reimbursed for its Legal Costs, including reasonable attorneys' fees, court
costs and expenses and consultant and expert witness fees and expenses).
2.11 Entire Agreement. This Agreement integrates all of the terms and conditions
mentioned in this Agreement or incidental to this Agreement, and supersedes all negotiations
or previous agreements between the Parties with respect to all or any portion of the Public Art.
2.12 Waivers and Amendments. All waivers of the provisions of this Agreement and
all amendments to this Agreement must be in writing and signed by the appropriate authorities
of the Parties. Failure to insist on any one occasion upon strict compliance with any term,
covenant, condition, restriction or agreement contained in this Agreement shall not be deemed
a waiver of such term, covenant, condition, restriction or agreement, nor shall any waiver or
relinquishment of any rights or powers under this Agreement, at any one time or more times,
be deemed a waiver or relinquishment of such right or power at any other time or times.
2.13 Assignment. With the City's written consent, which will not be unreasonably
withheld or delayed, Developer may assign the rights, interests and obligations of Developer
arising under this Agreement to a successor in interest or assignee of Developer at which point
Developer shall have no further liability hereunder. Developer shall notify the City in writing of
the assignment at least thirty (30) calendar days following completion of the assignment.
2.14 Successors and Assigns. All references to the Developer in this Agreement shall
be deemed to refer to and include Dublin Apartment Properties, LLC, a Delaware Limited
Liability Company, and all successors and assigns to Dublin Apartment Properties, LLC, and a
Delaware Limited Liability Company.
2.15 Survival of Agreement. All of the provisions of this Agreement shall be
applicable to any dispute between the Parties arising from this Agreement, whether prior to or
following expiration or termination of this Agreement, until any such dispute is finally and
completely resolved between the Parties, either by written settlement, entry of a non-
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appealable judgment or expiration of all applicable statutory limitations periods and all terms
and conditions of this Agreement relating to dispute resolution and limitations on damages or
remedies shall survive any expiration or termination of this Agreement.
2.16 Counterparts. This Assignment may be executed in one or more counterparts.
All counterparts so executed shall constitute one agreement, binding on all Parties, even
though all Parties are not signatory to the same counterpart. The Parties agree to accept
signed copies of this Agreement transmitted by electronic facsimile copies as original
documents. The Parties acknowledge that copies of this Assignment may be transmitted by a
Party over the Internet and printed by the recipient and that the printed document may contain
different type styles and type sizes, different pagination and different formatting that the
original copy of the Assignment in the possession of the Party sending the Assignment. The
Parties agree that any such copies of this Assignment shall be accepted by the Parties as true
and correct originals of the Assignment so long as the actual text of the Assignment remains the
same. This Agreement constitutes the entire understanding and Agreement of the Parties
regarding the subject matter of this Agreement.
IN WITNESS WHEREOF, the Parties have signed this Agreement by and through the
signatures of their respective authorized representative(s) as follow:
CITY:
CITY OF DUBLIN, a California municipal
corporation
By:
Name:
Title: Mayor
ATTEST:
By:
Name:
Title: City Clerk
DEVELOPER:
DUBLIN APARTMENT PROPERTIES, LLC, a
Delaware limited liability company
By
70.u- : I : '.F1T
Title: Manager
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APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
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EXHIBIT A
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CONTRACT TO PURCHASE WORK OF ART
This Agreement ( "Agreement ") is made as of June 15, 2015 by and between Dublin
Apartment Properties, LLC ( "Owner "), and Deirdre Murphy Studio LLC ( "Artist ")
located at 6775 Golden Gate Blvd, Dublin, CA.
The parties mutually agree as follows:
1. Services of Artist. Except as otherwise stated in this Agreement, Artist shall purchase
on and shall be solely responsible for all expenses and costs for all labor, supplies and materials
to furnish artwork as per Exhibit A (the "Work ").
2. Delivery Date. Artist shall completely finish and prepare the Work for delivery and
installation pursuant to this Agreement.
3. Creation and Title. Artist hereby warrants that she created and possesses unencumbered
title to the Work. Upon final payment from the Owner, title to and ownership of the Work shall
pass from the Artist to the Owner.
4. Warranty. Artist shall warrant and maintain the Work free from faults or defects
arising from material and workmanship for a period of one year after installation, providing
maintenance instructions have been followed. Artwork is not guaranteed against accidental
scratches or mishandling.
5. Permits and Licenses. Permits, easements, and licenses necessary for the installation of
the Work shall be obtained and paid for by the Owner. Permits, licenses, and easements for
permanent structures to which the Work shall be affixed shall be secured and paid for by the
Owner.
6. Bases, Footings, and Supporting Structures. Owner and its design team shall
provide Artist with written requirements stamped by CA licensed structural engineer for any
base and /or supporting structure. Owner shall pay for all labor and materials for any
preparatory work and installation of any base and /or supporting structure needed, and such base
and /or supporting structure shall be completed prior to installation. Owner shall send photos and
final dimensions of installed base and /or supporting structure "as built" no later than 10 days
before the installation date.
Agreement to Purchase Artwork
7. Alteration of Work. Owner agrees that he or she will not intentionally or negligently
destroy, damage, alter, modify or change the work in any way provided however Owner shall be
permitted to relocate the Work.
8. Copyright. Artist reserves all reproduction rights, including any rights at common law
and the right to claim statutory copyright and to control the making and dissemination of copies
or reproductions of the Work, any preliminary and final designs, and any samples made in
connection with the Work. All approved reproductions used for marketing in print form or on the
web, such as brochures, letterhead, business cards, magazine or newspaper advertising, shall
bear a legible copyright notice. Said copyright notice shall by in such a manner and location as
to comply with the U.S. Copyright laws. The terms of this paragraph shall survive the terms of
this Agreement.
9. Payment. Owner shall pay a firm, fixed price of $439,216.22, as set forth by the
approved Public Art Budget. Payments will be made as follows:
(a) At the execution of this Agreement: $25,000
(b) Artist will submit invoices on a monthly basis consistent with the approved Public
Art Budget.
(c) At the time the Work is installed final payment will be made within 10
days.
All payments shall be made payable to the Artist and remitted to:
Address: Deirdre Murphy Studio
228 Delmont Avenue
Ardmore, PA 19003
EIN # 81- 0901523
10. Approval of Work. Artist shall email images of the completed work to the Owner for
approval. The finished work will not be delivered until approval is received in Artist's studio.
11. Acceptance of Work. Owner agrees to accept the completed Work unless it can show:
(a) That the Work was not executed in accordance with this Agreement; or
(b) That the Work as completed does not conform to a reasonable standard of artistic or
technical quality.
In the event that the Owner refuses to accept the Work on the grounds stated in subparagraphs
(a) and (b), and if the Artist disputes Owner's refusal, the matter shall be submitted to arbitration
as set forth in Section 13, below, binding arbitration, which, unless the parties mutually agree
otherwise, shall be administered by the American Arbitration Association.
2
Agreement to Purchase Artwork
12. Delays. In the event Artist's performance of any of its obligations or undertakings under
this Agreement is delayed, interrupted, or prevented by force majeure; increases /changes in
scope; or occurrences that are beyond the control of either party to this Agreement, Artist shall
be entitled to an adjustment of the Delivery Date provided Artist provides written notice to
Owner with documentation in support of Artist's request for additional time to perform.
13. Arbitration. All disputes arising under this Agreement shall be submitted to binding
arbitration in San Francisco, California and unless the parties mutually agree otherwise, shall
be administered by the American Arbitration Association in accordance with the rules of the
American Arbitration Association.
14. Attorneys' Fees. In the event of any controversy between the parties arising out of or in
connection with this Agreement, the losing party shall pay to the prevailing party, in addition to
any damages suffered under this Agreement, the costs, including but not limited to reasonable
attorneys' fees, incurred as a result ofthe controversy.
15. Severability. If any term, provision, covenant, or condition of this Agreement is held to
be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and
shall in no way be affected or invalidated.
16. Governing Law. This agreement shall be governed by the laws of the State of
California.
17. Entire Agreement. This Agreement is the entire agreement of the parties and supersedes
all prior negotiations and agreements whether written or oral.
18. Procedures for Modification. Amendments to this Agreement must be in writing and
signed by both Artist representative and Owner.
Dated: June 15, 2015
By: 1 ===54,
Manager - Dublin Apartment Properties, LLC
By:
Artist
Agreement to Purchase Artwork
EXHIBIT A
TO CONTRACT TO PURCHASE WORK OF ART
1. Title of Work: Warbler Migration
2. Full Description of the Work: Approximately 500 hand cut aluminum polygon plates have been
individually welded together to create an undulating surface. The teal blue interior and exterior
cool white surfaces are painted with the highest UV rated matte finish, automotive paint. The
aluminum sculpture has triangle cut outs on the top half that mirror the flight pattern of the
Orange Crowned Warbler and allow the light to pass through the sculpture during the day. There
are 30 cast stainless steel birds with Teflon washers, bolted to the sculpture, 15 birds per panel.
There are two Denali LED light fixtures that illuminate the inside of the sculpture at night to reveal
the Spring and Fall constellation patterns by which the warbler migrates each year.
3. Dimensions: 5'6 "h x 25'l x 14 "w, aluminum sculpture with 30 cast stainless steel birds
4. Materials and Finishes Used to Fabricate Work: Welded aluminum with automotive paint, 30 cast
stainless steel birds bolted to each face. Neoprene liner has been placed between concrete footer and
the base of the sculpture.
5. Installation details: Sculpture is bolted with 4 external and 14 internal stainless steel anchors and
shimmed to the concrete footer. Two vertical stiffeners and 5 horizontal braces create the internal
structure. Interpretive signage is riveted to the sculpture. Do Not Climb signage is placed on the
plaza side with seat wall benches.
Agreement to Purchase Artwork
EXHIBIT B
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Im
ATTACHMENT 2
DEIRDRE MURPHY
DUBLIN APARTMENT PROJECT
Warbler Migration Sculpture
PROJECT DESCRIPTION
The Warbler Migration public art commission creates a beautiful focal point at the gateway entry of the Dublin
Apartment Project site and adjacent communities. The Orange Crowned Warbler, a Bay Area migratory bird, inspires
the sculpture. The artwork draws parallels between avian flocks and residential communities and Integrates nature
into the civic realm. The freestanding sculpture will be Installed in the garden bed, at the foot of the seat wall, located
In the plaza at the intersection of Dublin Boulevard and Golden Gate Avenue.
Orange Crowned Warblers migrate through Northern California each spring and autumn, using stellar constellations to
navigate their journey. Their natural habitat consists of shrubs and low -lying trees. The Warbler Migration sculpture
depicts their flight passage. The sculpture consists of two- 7' x 20' steel powder coated panels, The panel facing Dublin
Avenue contains the spring constellation pattern at the base then moves into a triangulated flocking pattern in the
upper portion. The plaza view illustrates autumn constellation patterns, The constellations will be softly lit and visible
at night. Twenty aluminum cast Orange Crowned Warblers will be seen flying through the sculpture activating the
artwork into a sky space.
The placement of Warbler Migration in this high visibility gateway location will not only provide beautiful
ornamentation from the street and retail side views but will also act as a community building space where residents
and guests can gather. Warbler Migration will compliment the rich tradition of public art in the City of Dublin while
celebrating regional wildlife, integration of local landscape and appreciation of the growing community of Dublin,
Deirdre Murphy, Chatter, oil on canvas, 20 x 20 ", 2015
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