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HomeMy WebLinkAboutReso 106-17 Public Art Istallation and Maintenance with Dublin Apartment Properties, LLC for the Aster Development RESOLUTION NO. 106 — 17 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 insurance 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, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: ABSTAIN: U ATTEST: 7,, r0. ' w City Clerk Reso No. 106-17, Adopted 8/15/2017, Item No. 4.5 Page 1 of 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 25'1 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. 5219-116462\1272220.1 9/2/15 1 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. 5219-116462\1272220.1 9/2/15 2 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. 5219-11646211272220.1 9/2/1 5 3 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 5219-116462\1272220.1 9/2/1 5 4 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. 5219-116462\1272220.1 9/2/15 5 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- 5219-116462\1272220.1 9/2/15 6 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: DEVELOPER: CITY OF DUBLIN, a California municipal DUBLIN APARTMENT PROPERTIES, LLC, a corporation Delaware lirnitt,d i 1 'ty ompany By: By: `7/ i f":"/ Name: Name: Bill R. Poland Title: Mayor Title: Manager ATTEST: By: Name: Title: City Clerk 5219-116462\1272220.1 9/2/15 7 APPROVED AS TO FORM: By: Name: Title: City Attorney 5219-116462\1272220.1 9/2/15 8 EXHIBIT A 5219-116462\1272220.1 9/2/15 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. 1 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 of the 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: Manager-Dublin Apartment Properties,LLC By: -e c'\O&\?/ Artist 4 3 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 25'1 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. 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IIIIImaiIIIISPBEISLI j r � ■ `d`i X1-1 ',„..1 111 9,�5i► ri i IF-`iiil' lz�. - 'r�.,�._ ■ a ■ 7' LI�" ela iiuiri:3lil�iil1llr®11/s :. Ouyd a- , , ( = �; mot. ,�' .' — —� ■r ,� '''--.Ilia t: d1LL Soya 37118 M[1,2,447 4 i • �. ® Iff iI I __�,:.::,- aw`o�►IVai 110 Al 1 , ffk I I- L I) ° f : a .. :• ' MIMI FA ',t, W3 ' �' 1E1WM 6umedlua»y� .i u ned . lvd 3DV R eH Pue&lieK i� ICI.�; Irk `tie s�alue,.pasr . 9.!Li '11141 • ! � - PP5S40 pd d l',11 yid ..Niii .111** vas a3sm ?n I 1 i i I .0 IIII MK` a` le6 S L e+uaan5 •e� _— _ MOW It 11 { t I n F f ue,.5,e47,-tr..,,O(1L"1N3 i I a1N3NMO mG c 11 if u } ate_ >*,_at ..<L ..1, y t,+ S _ -' y auel aFj X18 •1 SWeIIOB apenouFaa i I 1—__ I 1 !Imo— Y\ r ���• 1311211111HDVI.IN 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 than 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. b V t OW r , . . .... „.. .. . , - , . . , , ,, .. ,,. „ , Orange Crowned Warbler Deirdre Murphy,Chatter,oil on canvas,20 x 20',2015 Deirdre Murphy Studio LLC www.deirdremurphyart.com Detail of Aluminum Cast Warbler Dublin Boulevard Plaza Sculpture p I • L'1 4w !'p ANC <..1-•-.1.1 ' _ . ' ——— '''* '''''.---- --' ''' "--,'" '4:,,,i-,- ',,,- ..,, ,,,,,,,.• s. - '1'Alt.-,-''.!' 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