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4.4 - 2738 Avesta Public Art
Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: August 20, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Avesta Development LLC Public Art Prepared by: La Shawn Butler, Parks and Community Services Director EXECUTIVE SUMMARY: The City Council will consider Avesta Development Group LLC's proposal for public art for its new Senior Care Facility, now under construction at 7601 Amador Valley Boulevard. STAFF RECOMMENDATION: Approve Avesta Development Group's proposal for public artwork, and adopt the Resolution Approving a Public Art Installation and Maintenance Agreement with Avesta Development Group LLC. for Public Art at 7601 Amador Valley Boulevard. FINANCIAL IMPACT: This is developer-installed artwork. There will be no City Funds expended for the artwork itself. DESCRIPTION: Avesta Development LLC is developing Elegance at Dublin, a four -story, 66,787 square-foot, 80-unit senior care facility, located on the northwest corner of Amador Valley Boulevard and Donohue Drive. (Attachment 1) As part of the Site Development Review approval by the City Council, Avesta opted to install public art versus paying the in-lieu fee. Per the Public Art Master Plan, all private developers are required to present the proposed artwork for review at a Heritage and Cultural Arts Commission (HCAC) meeting. Upon recommendation by the Heritage and Cultural Arts Commission, the developer is also required to seek final approval of the proposed artwork by the City Council. Artist Selection Process The Public Art Master Plan encourages private developers to follow an artist selection process consistent with the City’s policies for selection of artists and artworks. Avesta employed a process similar to the City’s own “invitational” method, in which artists are Page 2 of 3 invited to submit designs, based on past works and demonstrated ability to respond to the project conditions or other non-aesthetic program goals. In this case, the builder's goals included creating a peaceful, calm environment, encouraging outdoor socialization and creating a landmark and wayfinding piece. Artist Matthew Placzek specializes in evidence-based design, in which data and ideas from environmental psychology, architecture, neuroscience and behavioral ec onomics influence the design. He has created artwork for dozens of healthcare and senior living facilities, often featuring calming, nature-inspired images, which have been shown to improve patient recovery times, decrease depression and boo st morale. Mr. Placzek's work is also included in the Ronald Reagan Presidential Collection, the U.S. embassy in Prague, presidential residences in Taiwan and Austria and corporate art collections including Guinness Brewing, BMW Corporation, Caterpillar Worldwide and Dayton Hudson. (Attachment 2) Design Proposal Mr. Placzek's proposed piece consists of three colorful butterflies mounted on the facade of the building and a butterfly screen enclosing a front patio. Three large butterflies with colorful acrylic wings will b e affixed to the side of the building and will serve as a landmark and wayfinding device. A screen of clustered butterflies will enclose a peaceful outdoor patio where residents can interact with each other, as well as staff and guests. (Attachment 3) Staff Review Preliminary designs were reviewed internally by the City’s Planning Division and the Parks and Community Services Department. Staff has no concerns with the safety or design of the proposed artwork. Community Outreach In addition to including City Staff in the review and critique of the artwork, as specified in the Public Art Master Plan, Avesta displayed the proposed work at the Dublin Senior Center on Wednesday, June 12, 2019 10:30 a.m.- noon. This day and time were chosen because it is the busiest time of the week at the Senior Center, just prior to lunch and the weekly Bingo game. As required, Avesta mailed notices to neighbors within 300 feet of their property, inviting them to view and comment on the design. Walk-up visitors at the Dublin Senior Center were also encouraged to view the proposal and comment. Approximately 40 people passed the table and stopped to offer feedback about the art, all overwhelmingly positive. Six comment cards were received, all in favor of the art. One person asked the developer to consider the addition of colorful acrylic on the butterfly screen. However, the artist has advised that adding acrylic in the butterfly screen would require different construction methods that are not feasible within the budget. (Attachment 3) On July 11, 2019 the Heritage and Cultural Arts Commission voted to recommend the Artwork 3-2. The Commissioner’s expressed the design and display of light within the design added value. The Commissioners did want the Artist to ensure the piec es would be dimensionally appropriate for the location of the lattice. The Artist indicated the two Page 3 of 3 Butterfly pieces would take approximately half the space in question and would satisfy the Commissions concerns. STRATEGIC PLAN INITIATIVE: Strategy 4: Focus efforts on ways to strengthen the City's economic vitality, including the Downtown, through public investment and economic development. This building is located within Downtown Dublin; Public Art is a physical improvement to the property. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A courtesy notice was provided to Avesta Development LLC. ATTACHMENTS: 1. Avesta Public Art Location 2. Matthew Placzek Artist Background and Resume 3. Avesta Public Art Proposal - Artist Statement and Renderings 4. Avesta Public Art Comments 5. Resolution Approving a Public Art Installation and Maintenance Agreement with Avesta Development Group LLC. for Public Art at 7601 Amador Valley Boulevard 6. Exhibit A to the Resolution - Avesta Installation and Maintenance Agreement UPCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTT GENERAT O R DONOHUE DR IVE PROPERTY LINE, TYP. (E) FIRE STATION 106" X 90" TRANSFORMER CLEARANCE PROPERTY LINE, TYP. 49'-0"5'-0" 14 39 43 22 16 18'-0" 22 22 ALIGN SCORING W/ WALL, TYP. 23 TYP. 18'-0" 21'-3"20'-0 " 1 TYP. 9'-0"4'-0 " 8 8 4 TYP. 1 11 TYP. 5'-0"TYP. 22 6 TYP.EQ.EQ. 41 TYP. 39 31 15 13 TYP. 44 MATCHLINE, SE E S H E E T A 1. 0 2 MATCHLIN E, S E E S H E E T A 1. 0 2 3 7 ALIGN PAVING W/ COL., TYP. ALIGN SCORING W/ MULLION, TYP. EQ.EQ. 1 6'-0"9'-0 " 22 TYP. 8 TYP. 30 TYP.14'- 2 " 10'-9"2'-8" F7 A1.11 STAIRS 3 RISERS @ 6.5" 2 TREADS @ 14" 22 247 19'-8 " 33 ALIGN PAVING W/ WALL, TYP. 1'-6" CLR. TYP. 1'-6" 221 TYP. 12'-2" SCORE EQUALLY 22 50 6'-2" EQ.EQ. 16'-4" 6'-6"26'- 4 " ALIGN 5'-0" 4'-0" CLR. TYP.22 5'-8" 7 ' - 0 " 43 ' -1 " 6 ' - 0 " 49 11' -0 "6'-10"5 TYP. 5 TYP. LIMIT OF W O R K LIMIT OF WORKL IM IT OF WORK 3 20'-0" CLE A R O F W A L L 34'-5" STE P P E D W A L L 6'-7" T.O.W. HEIGHT 4'-9" T.O.W. HEIGHT 7'-0" 22 E E E E E E E E E E E E E E E E E E E E E E 9 F9 A1.12 22 D11 A1.11 12 TYP. 48 H G F E D C B A 6910 5 31112874 2 1 B A H G F E D C 1314 6910 5 31112874 2 11314 NO.ISSUEDATE 01CLIENT REIVEW08.29.06 02CLIENT REIVEW12.07.06 03PRELIMINARY PRICING01.25.07 04DEMOLITION BID02.13.07 05DEMOLITION PERMIT SET02.28.07 06ISSUE FOR PERMIT / BID04.02.07 07ISSUE FOR CONSTRUCTION05.16.07 08ISSUE FOR CONSTRUCTION 06.20.07 SHEET NO: DATE: PROJECT NO: THIS DOCUMENT CONTAINS INFORMATION THAT IS PROPRIETARY TO LPAS, INC. AND IS FURNISHED FOR THE PURPOSES OF REVIEW, BIDDING OR CONSTRUCTION OF THE PROJECT LISTED IN THE JOB TITLE BOX ABOVE AND SHALL NOT BE USED FOR ANY OTHER PURPOSE OR RELEASED TO ANY OTHER PARTY WITHOUT THE WRITTEN CONSENT OF LPAS, INC. INFORMATION CONTAINED HEREIN IS AN INSTRUMENT OF PROFESSIONAL SERVICES AND SHALL REMAIN THE PROPERTY OF LPAS, INC. ALL RIGHTS RESERVED COPYRIGHT © 2009. THIS DRAWING IS NOT FINAL OR TO BE USED FOR CONSTRUCTION UNTIL IT IS SIGNED BY THE ARCHITECT AND ENGINEER. ARCHITECT / CONSULTANT APPROVAL Avesta Development Group DUBLIN, CA 7601 AMADOR VALLEY BLVD. DUBLIN, CA 94568 668-0020 Edit the Revision and copy it to the appropriate sheets (Copy up 6") 01.26.2018 1ST PLAN CHECK RESUBMITTAL PARTIAL SITE PLAN A1.01 PARTIAL SITE PLAN H51" = 10'-0" KEYNOTES H1NO SCALENFT 3020010 SCALE: 1" = 10'-0" CONCRETE PAVING- NATURAL GRAY W/ LIGHT BROOM FINISH; SCORE AS SHOWN1 2 3 4 6 7 8 9 10 5 11 12 HEAVY REINFORCED CONCRETE PAVING- NATURAL GRAY W/ LIGHT BROOM FINISH; SCORE AS SHOWN ASPHALT PAVING, SEE CIVIL SHEET C3.3 LANDSCAPE AREA, SEE SHEET L1.00 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (E) FIRE HYDRANT, SEE CIVIL UTILITY SHEET C3.5 30 31 32 33 34 35 36 37 38 39 40 41 42 43 E EXPANSION JOINT CONSTRUCTION JOINT STRIPING MOVEABLE OUTDOOR LOUNGE FURNITURE, BY OWNER CONTROL JOINT PARKING LOT LIGHT ON 2' CONCRETE BASE, SEE ELECTRICAL SITE PLAN, SHEET E3.0.0 TRANSFORMER, SEE ELECTRICAL SITE PLAN, SHEET E3.0.0 TABLE AND CHAIRS W/ UMBRELLA, BY OWNER SITE UTILITIES, SEE CIVIL SHEET C3.5 PEDESTRIAN LIGHT, SEE ELECTRICAL SITE PLAN, SHEET E3.0.0 18" HIGH POURED IN PLACE CONCRETE SEATWALL BOLLARD LIGHT, SEE ELECTRICAL SITE PLAN, SHEET E3.0.0 6' HIGH WOOD FENCE 44 45 46 B1 A1.11 2 C4.0 D1 A1.11 H1 A1.11 D9 A1.11 4" GALVANIZED STEEL PIPE BOLLARD PER PG&E GREENBOOK STDS. F1 A1.12 47 48 49 BIKE RACK, AS AVAILABLE BY MADRAX. MODEL: METRO 2 BIKE RACK, EMBED MOUNT, POWDERCOAT FINISH, COLOR T.B.D. 50 KNOX BOX, FIRE DEPARTMENT TO CONFIRM LOCATION 6' LX42" H SCREEN FENCE, TYPE A REINFORCED STAMPED AND INTEGRALLY COLORED CONCRETE PAVING, PATTERN: RUNNING BOND COLOR: SIERRA 61078 BY DAVIS COLORS CONCRETE SIDEWALK PER CITY OF DUBLIN STANDARDS, SEE CIVIL SHEET 3.2 FOR MORE INFORMATION (E) STREET TREE, TO PROTECT IN PLACE PLANTER POT, TYPE A BY TOURNESOL SITEWORKS, MODEL: DR481818, T-2 FINISH, COLOR T.B.D. INCLUDE MATCHING IRRIGATION LINER, CWM-R1614-2K (E) PROPERTY LINE WALL TO REMAIN GENERATOR, 112"LX41'WX69" HIGH SEE ELECTRICAL SITE PLAN, SHEET E3.0.0 TREE GRATE, 4'X8', BY IRONSMITH, MODEL: MARKET STREET, W/ 18" OPENING NOT USED (E) STREET TREE TO REMAIN NOT USED NOT USED 6' HIGH SCREEN 12'LX42" H SCREEN FENCE, TYPE B (E) ELECTRICAL VAULT TO REMAIN NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED CONCRETE WHEEL STOP NOT USED B1 A1.11 TABLE AND CHAIRS, BY OWNER STORMWATER QUALITY PLANTER, SEE SHEET L1.00 D5 A1.12 F5 A1.12 C1 A1.12 F1 A1.12 NOT USED NOT USED WALK-OFF MAT, PEDISYSTEMS, PEDIGRID G, WITH CARPET INSERTS F3 A1.11 PLANTER POT, TYPE B BY TOURNESOL SITEWORKS, MODEL: DR3600, T-2 FINISH, COLOR T.B.D. INCLUDE MATCHING IRRIGATION LINER, CWM-R2014-2K NOT USED D13 L2.11 SIM. D13 L2.11 D9 A0.30 100% DESIGN DEVELOPMENT09.27.2017 BUILDING DEPT. SUBMITTAL11.10.2017 1PLAN CHECK 1 RESUBMITTAL01.26.2018 ABID SET REVISIONS01.26.2018 A A A A A A A 1 1 Each Butterfly Screen Section is: 120" Wide x 36" Tall Butterfly 1. 32" x 30" Butterfly 2. 42" x 40" Butterfly 3. 38" x 36" LEVEL 1 0' - 0" LEVEL 213' - 0" LEVEL 324' - 0" LEVEL 434' - 9" ROOF45' - 6" H2 A3.21135 7 9 11 13 152468101214 A8.14 C1 P-2 P-3 ET-1 P-3 P-3 09 05 09 15 09 13 09 06 09 08 09 12 P-2P-3 P-3 P-5 P-3 P-2 P-2 09 06 P-2 P-3 08 0709 08 P-2 P-2 P-3 08 06 P-3 P-3 A8.40 D109 08 P-3 P-1 P-3 P-3 P-3 P-3 09 09 P-1 P-4 P-3 P-4 P-4 P-3 P-3 P-109 04 09 09 ET-1 P-1 09 08 P-3P-3 09 09 P-3 P-3 P-3P-3 P-3 08 08 08 02 P-1 P-1 P-1 P-1 P-1 P-4 P-3 P-1 09 08 P-1 P-3 P-1 P-4 P-3 P-3 P-1 TYP. P-3 P-3P-1P-3 P-1 P-3 TYP. ET-1 09 08 P-1 P-3P-1 09 03 09 06 P-2 P-3 09 04 P-3 P-3P-3 08 08 P-3P-1 ET-1 P-3 P-1P-3P-5 09 05 P-3 P-2 09 08 P-3 P-3 P-3 P-1 22 02P-3 P-4 P-3 P-1 P-3 P-3 P-1 P-1 P-3 08 08 P-3 P-3 09 08 P-3 P-1 P-3 P-1P-1 P-3 ET-1 P-1 P-3 P-4 09 0309 09 09 09 P-3 P-3 P-5 09 05 P-3 P-3 P-1 P-3 09 08 P-1 P-3 P-1 P-3 09 1509 15 22 02 P-3 P-2 P-3 09 08 P-3 P-3 P-3 P-1 22 02 P-1 P-3 P-1 P-3 08 08 ET-1 09 08 P-1 P-3 08 04 09 09 P-3 P-3 P-2 P-3 ET-1 P-1 P-3 P-3 22 02 09 08 09 09 09 09 08 02 05 01 P-1 P-3P-1 P-3 P-1 P-3 P-3 P-1 P-3 P-5 P-3 P-1 ET-1 P-3 09 08 P-1 P-3 09 09 P-3 P-4 P-1 09 08 P-3 P-1 P-3 P-1 P-4 P-4 P-3P-3 P-1 P-3 ET-1 09 09 P-4 P-1 P-3 P-3 09 09 P-3 P-2 09 06 22 02 P-3 P-3 P-3 P-1 22 02 P-1 08 08 09 08 ET-1 P-3 P-1 P-1 P-3 08 04 09 05 P-3 P-4 09 09 P-1 P-3 09 08 P-3 P-1 P-3 P-1 P-3 P-1 P-3 09 09 08 08 ET-1 P-2 P-1 P-3 P-3 P-1P-3 08 04 09 1522 02 P-3 P-3 P-2 P-3 P-3 P-3 P-1 22 02 08 04 09 15 P-1 P-3 P-1 07 07 06 07 11 02 02 07 07 02 02 02 03 02 S-41S-42 S-32 S-31 S-11S-12S-13 07 07 07 11 06 07 07 07 0405 0807 04 07 07 06 11 07 07 07 07 0707 07 0404 07 11 06 07 07 0202 07 07 06 11 0707 0707 07 07 0707 11 06 07 07 0707 07 07 06 11 0707 07 07 1 11 00 08 00 07 A3.32 H1A3.33 H1 A3.34 H1 A3.42 H3 150 3/4"LEVEL 1 0' - 0" LEVEL 213' - 0" LEVEL 324' - 0" LEVEL 434' - 9" ROOF45' - 6" H3 A3.22 CC BB AADDFFGGHHEE 26 03 08 08 09 08 09 09 22 02 P-3 P-1 P-3 P-3 P-3 P-1 P-1 09 15 09 05 P-5 P-3 P-1 P-3 ET-1 P-3 P-3 09 09 P-1 P-3 P-1 P-3 P-1 P-3 P-1 P-3 08 08 ET-1 09 08 P-1 P-5 P-3 P-3 P-1 P-4 P-3 P-1 09 08 09 09 P-1 P-3 P-1 P-4 P-3P-3 P-3 P-1 P-3 P-4 P-1 P-3 ET-1 P-3 P-3 P-5 26 03 P-2 P-3 22 02 09 08 09 08 P-3 P-3 P-3 P-3 P-1 P-1 22 02 P-3 P-1 09 06 09 06 P-3 P-1 09 08 ET-1 09 08 P-1 P-2 P-3 P-3 P-2 P-1P-3P-3 ET-1 P-3 P-1 P-3 P-3 P-3 P-5 P-2 09 06 P-3 09 08 P-2 P-3 P-2 P-3 P-3 P-3 P-3 P-2 P-3 P-3 P-2 P-3 P-3 A8.40 D6 P-3 02 02 07 0101 0707 07 07 0702 02 07 0606 07 11 11 07 0707 0707 07 07 04 07 07 07 S-41 S-31 S-11S-12S-13 S-42 S-32 00 07 1 A3.31 H1 A3.41 H13 GENERAL NOTES KEYNOTES EXTERIOR FINISH LEGEND & NOTES 1. ALL G.S.M. FLASHING, COPING, DOWNSPOUTS, LOUVERS, WALL CAPS, GUTTERS, SOFFIT VENTS, AND CONDUCTOR HEADS ARE TO BE FIELD PAINTED, U.O.N. THIS APPLIES TO ALL SUCH G.S.M. METAL COMPONENTS, WHETHER EXPOSED TO VIEW OR HIDDEN FROM VIEW. 2. ALL EXTERIOR WALL ACCESSORIES AND ROOF FLASHING ACCESSORIES ARE TO BE G-90 HOT DIP GALVANIZED, U.O.N. 3. ALL STEEL BALCONY RAILS, POSTS, ATTACHMENT BRACKETS, SUPPORTS AND FITTINGS ARE TO BE GALVANIZED AND FIELD PAINTED, U.O.N. 4. PORTLAND CEMENT PLASTER SHALL HAVE “INTEGRAL COLOR” AND HAVE AN ACRYLIC FINISH COAT. 5. UNLESS OTHERWISE INDICATED IN THE SPECIFICATIONS, WHERE A WALL, SOFFIT, OR CEILING ELEVATION / VIEW IS NOT SHOWN, PROVIDE CEMENT PLASTER CONTROL JOINTS SO THAT PLASTER AREAS DO NOT EXCEED 144 SF, AND DO NOT EXCEED A LENGTH-TO-WIDTH RATIO OF 2 ½ TO 1. 6. ALL SHEET METAL ROOFS, COPINGS, AND COVERS SHALL RECEIVE 2 LAYERS HIGH-TEMPERATURE RATED, SELF ADHERING FLASHING (BUTYL-BASED SELF ADHERED FLASHING) BELOW SUCH METAL COVERINGS, U.O.N. 7. REFER TO A8.50 FOR TYPICAL EXTERIOR DETAIL CONDITIONS. 8. AT ADHERED PORCELAIN TILE ASSEMBLIES, PROVIDE CONTROL JOINTS AT A MAXIMUM OF 8’-0” O.C. VERTICALLY AND HORIZONTALLY, UON. P-1 PAINTED FINISH MFC: SHERWIN WILLIAMS COLOR: SW 6246 NORTH STAR P-2 PAINTED FINISH MFC: SHERWIN WILLIAMS COLOR: SW 7050 USEFUL GRAY P-3 PAINTED FINISH MFC: SHERWIN WILLIAMS COLOR: SW 7073 NETWORK GRAY P-4 PAINTED FINISH MFC: SHERWIN WILLIAMS COLOR: SW 7040 SMOKEHOUSE P-5 PAINTED FINISH MFC: SHERWIN WILLIAMS COLOR: SW 6226 LANGUID BLUE P-6 PAINTED FINISH MFC: SHERWIN WILLIAMSCOLOR: SW 7074 SOFTWARE ET-1 EXTERIOR PORCELAIN TILE MFC: EMSER TILECOLOR: SD14 SADDLE BROOK NOTES: 1.GUTTERS, DOWNSPOUTS: PAINT, COLOR TO MATCH ADJACENT PLASTER 2. G.S.M. COPING AND PARAPET CAPS: PAINT, COLOR TO MATCH ADJACENT PLASTER 3 ALUMINUM STOREFRONT WINDOW:TO MATCH OLDCASTLE "PORTLAND STONE" 4. BALCONY RAILINGS: PAINT, COLOR TO MATCH RAL-7047LEVEL 1 0' - 0" LEVEL 213' - 0" LEVEL 324' - 0" LEVEL 434' - 9" ROOF45' - 6" B LEVEL 1 0' - 0" LEVEL 213' - 0" LEVEL 324' - 0" LEVEL 434' - 9" ROOF45' - 6" 202120.4 RENEWALDATE A RCHIT E C TLICEN SE D CA L IF O RNIAS T AT EOF THERESA PAIGEC-25452 SHEET NO: DATE: PROJECT NO: THIS DOCUMENT CONTAINS INFORMATION THAT IS PROPRIETARY TO LPAS, INC. AND IS FURNISHED FOR THE PURPOSES OF REVIEW, BIDDING OR CONSTRUCTION OF THE PROJECT LISTED IN THE JOB TITLE BOX ABOVE AND SHALL NOT BE USED FOR ANY OTHER PURPOSE OR RELEASED TO ANY OTHER PARTY WITHOUT THE WRITTEN CONSENT OF LPAS, INC. INFORMATION CONTAINED HEREIN IS AN INSTRUMENT OF PROFESSIONAL SERVICES AND SHALL REMAIN THE PROPERTY OF LPAS, INC. ALL RIGHTS RESERVED COPYRIGHT © 2009. THIS DRAWING IS NOT FINAL OR TO BE USED FOR CONSTRUCTION UNTIL IT IS SIGNED BY THE ARCHITECT AND ENGINEER. ARCHITECT / CONSULTANT APPROVAL 6910 5 31112874 2 1 H G F E D C B A B A H G F E D C 6910 5 31314874 2 1 NO. ISSUE DATE 12 11 1314 100% DESIGN DEVELOPMENT 09/27/2017 BUILDING DEPT. SUBMITTAL 11/10/2017 Avesta Development Group DUBLIN, CA 7601 AMADOR VALLEY BLVD.DUBLIN, CA 94568 EXTERIOR ELEVATIONS A3.11 01.26.2018 668-0020 1ST PLAN CHECKRESUBMITTAL 1/8" = 1'-0"D4Elevation Amador Valley (South) 1/8" = 1'-0"H5Elevation Donahue (East) 00 07 12" TALL METAL BUILDING ADDRESS NUMERALS 00 08 5" TALL ILLUMINATED BUILDING ADDRESS NUMERALS 05 01 JULIET BALCONY TUBE STEEL RAILING AT 42" 08 02 VINYL WINDOW 08 04 PTAC LOUVER FINISHED TO MATCH ADJACENT WALL 08 06 GLASS GUARDRAIL 08 07 CLEAR ANODIZED ALUMINUM STOREFRONT 08 08 OVERSIZED PTAC LOUVER FINISHED TO MATCH ADJACENT WALL, PROVIDE BLANK OFF PANELS ON THE INSIDE FACE TO REDUCE TO REQUIRED OPENING SIZE 09 03 ONE COAT PLASTER ASSEMBLY OVER 1" THICK RIGID INSULATION 09 04 THINSET TILE OVER ONE COAT PLASTER ASSEMBLY OVER 1" THICK RIGID INSULATION 09 05 6" FIBER CEMENT LAP SIDING OVER 1/2" FURRINGCHANNELS OVER 1" THICK RIGID INSULATION 09 06 4" FIBER CEMENT LAP SIDING OVER 1/2" FURRINGCHANNELS OVER 1" THICK RIGID INSULATION 09 08 WET SEALED ALUMINUM COMPOSITE EYEBROW 09 09 ONE COAT PLASTER ASSEMBLY OVER STYROFOAM TRIM 09 12 9 1/4" WIDTH BY 1" THICK SMOOTH FIBER CEMENT TRIM 09 13 7 1/4" WIDTH BY 1" THICK SMOOTH FIBER CEMENT TRIM 09 15 7/8" CEMENT PLASTER OVER GYP. SHEATHING OVER METAL STUD FURRING 22 02 ROOF DRAIN AND OVERFLOW SCUPPER, TYP. 26 03 WALL MOUNTED EXTERIOR LIGHT FIXTURE 1 PLAN CHECK 1 RESUBMITTAL 01.26.2018 A BID SET REVISIONS 01.26.2018 1/8" = 1'-0"H12Elevation Amador Valley (East) 1/8" = 1'-0"H2Elevation Donahue (South) A A Butterfly 1. 32" x 30" Butterfly 2. 42" x 40" Butterfly 3. 38" x 36" Each Butterfly Screen Section is: 120" Wide x 36" Tall P L A C Z E K S T U D I O S MONUMENTAL SCULPTURES 3716 LEAVENWORTH STREET • OMAHA, NE 68105 • 402-551-1200 • PLACZEKSTUDIOS.COM BIOGRAPHY An artist for more than three decades, Matthew Placzek’s creations range from small pieces to large-scale sculptures that stand 90 feet tall. No matter the size, his work is transformative, moving and unforgettable. Born in 1964 in Columbus, Nebraska, Matthew entered the world of sculpting at age 14, creating figures of wildfowl and nature he observed near the Platte River. Art shows and competitions followed, and as his visibility increased, his unique style was lauded by many in the art world. While attending Hastings College and Creighton University, he was represented by several art galleries around the country. At the age of 22, Matthew was honored by the U.S. Ambassador to Czechoslovakia, who hosted the artist’s one-man show at the American Embassy in Prague. That same year, he had the honor of presenting an original sculpture of an American bald eagle to President Ronald Reagan. Shortly after creating his first large-scale commission in 1991, Matthew found himself catapulted into the world of municipal and private sculptural art projects. Universities, healthcare centers and corporations came calling, and he welcomed the opportunities to transform their open spaces with stunning works of art. Matthew’s fascination with sculptural composition has evolved into an art form that is both meticulous in detail and free-flowing in design. His focus, once on monumental work, now includes large, multi-faceted sculptural installations; his most recent project features eighty bronze sculptures. In many cities, these pieces have become landmarks that have received widespread acclaim in numerous national art and architectural publications. Making a personal connection between his art and the viewer is essential to Matthew. Through his sculptures, he hopes to evoke an emotional reaction – whether reflective or joyful. Each intricately-detailed piece offers an engaging, interactive experience, inviting viewers to walk around it, feel the different textures, and examine how shadows, layers and movement are created. To date, Matthew’s pieces are included in over fifty hospital, university and corporate collections. With exciting projects always in the works, this artist promises many years of adding beauty to the world and dazzling audiences along the way. To learn more about Matthew Placzek and his unique monumental sculptures, please contract him at: Matthew@MatthewPlaczek.com or 402.551.1200. To view more samples of his work, visit: www.PlaczekStudios.com P L A C Z E K S T U D I O S MONUMENTAL SCULPTURES 3716 LEAVENWORTH STREET • OMAHA, NE 68105 • 402-551-1200 • PLACZEKSTUDIOS.COM INSTALLATIONS PUBLIC MONUMENTS “Essence” – 22 foot-tall butterfly spire, Stainless Steel, and Acrylic – The Club at Boynton Beach, Boynton Beach, FL 2019 “Symphony Waterway Butterflies” – 14 foot-tall monarch butterfly spire, Stainless Steel, and Acrylic – The Club at Boynton Beach, Boynton Beach, FL 2019 “River Ridge Butterflies” – 3, 4 foot-wide, 5 foot-wide, 6 foot-wide suspended butterflies, Stainless Steel, and Acrylic – Jefferson Parish Library - River Ridge Library, RiverRidge, LA 2018 “Buffett Cancer Center Benches” – 12 and 16 foor bronze natural wood style benches – The Fred and Pamela Buffett Cancer Center - Omaha, NE 2018 “Pages to Live By” – 45 foot-wide – 10 bronze book pages hung on a wall and 6 free standing pages – Scott Campus at University Nebraska of Omaha, Omaha, NE 2017 “Canyon Reflections” – 45 foot-tall 20 foot-wide – 3 hanging acrylic pieces, 1 hanging piece of aluminum – Kirtland AFB 377th MDG Clinic, Albuquerque, NM 2017 “Polar Bears” – 1.5 time life size – 3 painted Bronze Figures – Omaha Henry Doorly Zoo and Aquarium, Omaha NE 2017 “Pinwheels” – 16 foot-tall Stainless Steel and Bronze – Dayton Children’s Hospital, Dayton, OH 2017 “Colors of the Prairie” – 28 foot-wide Aluminum and Acrylic with LED lighting – Fred and Pamela Buffett Cancer Center, Omaha NE 2017 “Spring Sonata- Iris Garden” – 28 foot-wide Aluminum and Acrylic with LED lighting – Fred and Pamela Buffett Cancer Center, Omaha NE 2017 “The Work Continues” – 7 foot-tall Bronze Figure – Boys Town, Omaha NE 2017 “Chukkachvffa” – 12 foot-tall bronze and acrylic medicine wheel, 4 larger than life bronze figures, Acrylic and Bronze – Choctaw Nation Regional Medical Clinic – Durant, Oklahoma 2017 “Dr. Glenn Lewis C.” – 7 foot-tall Bronze Figure – University of Nebraska Omaha, Omaha, NE 2017 “Alaskan Adventure” – 18,625 Square-foot Stainless Steel, Bronze, Concrete, Splash Park – Omaha’s Henry Doorly Zoo, Omaha NE 2016 “Connections” – 16 ft tall by 10 ft wide Stainless Steel Paint, LED Lighting – Bellevue University, Bellevue, NE 2015 “Leaf Arbor” – 18 ft tall by 30 ft wide Stainless Steel and Aluminum – CHI St. Luke’s Health Springwoods Village Hospital, Spring, TX 2015 “Soaring” – 36 ft tall Stainless Steel – Wilford Hall Ambulatory Surgical Center, San Antonio, TX 2015 “Majestic Flight” – 18 ft tall Stainless Steel and Bronze - Wilford Hall Ambulatory Surgical Center, San Antonio, TX 2015 “Circling” – 18 ft tall Painted Stainless Steel – Wilford Hall Ambulatory Surgical Center, San Antonio, TX 2015 “Reflections” Wall Sculpture – 10 ft wide by 6 ft tall – Martin Army Community Hospital, Fort Benning, GA 2014 “Serene” Leaves – 24 ft wide by 16 ft tall – Martin Army Community Hospital, Fort Benning, GA 2014 “Nebraska Secretaries of Agriculture” – 7 ft Bronze Figures – University of Nebraska-Lincoln, Lincoln, NE 2014 “The Spartan” – 8 ft Bronze – Aurora University, Aurora, IL 2014 “Wolf’s Guenon Primates” – Life-Size Bronze Primates - Henry Doorly Zoo, Omaha, NE 2014 “Te Ata” – Life-size Bronze – 2014 “Synchronicity” – 10 ft Painted Aluminum – Methodist Dallas Medical Center, Dallas, TX 2014 “Cascading Leaves” – 110 ft long by 30 ft wide Painted Aluminum – Methodist Richardson Medical Center, Dallas, TX 2014 “Spirit” – 140 ft long, 40 ft wide, 15 ft high Stainless Steel, Aluminum, Acrylic and LED Lighting – OU Children’s Hospital, Oklahoma City, OK 2014 “Serenity” – 15 ft Bronze and Painted Steel – Alamance Medical Center, Burlington, NC 2014 “Motivation” – 15 ft Acrylic and Stainless Steel – Elkhorn Middle School, Elkhorn, NE 2013 “Bergan Mercy – Water Feature” – 4 ft Bronze cube – Bergan Mercy Medical Center, Omaha, NE 2013 P L A C Z E K S T U D I O S MONUMENTAL SCULPTURES 3716 LEAVENWORTH STREET • OMAHA, NE 68105 • 402-551-1200 • PLACZEKSTUDIOS.COM “Harmony Chime” – 14 ft tall Stainless Steel Chime – Immanuel Medical Center, Omaha, NE 2013 “Harmony Screen” – 18 ft long Stainless Steel and Acrylic – Immanuel Medical Center, Omaha, NE 2013 “Reticulated Giraffe” – Life-Size Wood - Henry Doorly Zoo, Omaha, NE 2013 “Chaparral” – 8 ft Bronze – College of DuPage, Glen Ellyn, IL 2013 “Celebration” – 15 ft Bronze and Painted Steel – Immanuel Medical Center, Omaha, NE 2012 “Imagination Takes Flight” – 9 ft Bronze – Council Bluffs Public Library, IA 2012 “Aquatic Rhapsody” – 12 ft Bronze Fountain – Omaha Henry Doorly Zoo, Omaha, NE 2012 “Tranquility” – 14 ft tall Multi-Colored Patina Stainless Steel and Acrylic - 2012 “Transcending” – 9 ft tall Painted Steel and Acrylic - 2012 “Southpaw” – 8 ft Bronze – University of South Alabama, Tuscaloosa, AL 2012 “Enraptured” Vessel – 7 ft tall Painted Stainless Steel - 2012 “Imagine” – 90 ft Stainless Steel, Bronze, Polycarbonate and LED Lighting – Children’s Hospital and Medical Center, Omaha, NE 2010 “Enrichment Path” – 16 ft Stainless Steel and Acrylic – Metropolitan College, Omaha, NE 2010 “Spellbound” – 12 ft tall Bronze - 2010 “Cherished” – 6 ft tall Bronze - 2010 “Majestic” – 5 ft Bronze – Social Security Administration Building, Roanoke, VI 2009 “Noodles & Doodles” – 20 ft Painted Aluminum– Joslyn Art Museum Sculpture Garden, Omaha, NE 2009 “The Protector” Firefighters Memorial – 8 ft Bronze – Lewis & Clark Landing, Omaha, NE 2009 “Sioux Warrior” – 15 ft Bronze – Joslyn Art Museum Sculpture Garden, Omaha, NE 2008 “Metamorphosis” – 18 ft Steel and Acrylic – Henry Doorly Zoo, Omaha, NE 2008 “Leaves” Water Feature – 15 ft high by 50 ft wide Painted Aluminum – Irvington, NE 2007 “Airborne Monument” - 8 ft Bronze – Heartland of America Park, Omaha, NE 2007 “Illumina” – 35 ft high by 100 ft wide Stainless Steel, Bronze, Aluminum, Acrylic, and LED Lighting – CenturyLink Center Omaha, Omaha, NE 2007 “Unity” – 18 ft Stainless Steel – Department of Homeland Security, Omaha, NE 2006 “Billy Blue Jay” – 6 ft Bronze – Creighton University Soccer Stadium, Omaha, NE 2004 “Time Shadow” – 7 ft Bronze Sundial – Forest Lawn, Omaha, NE 2004 “Labor” - 30 ft high by 40 ft wide Bronze Monument – Omaha Riverfront, Omaha, NE 2003 (This monument is the second largest labor monument in the country.) “Through Currents of Time and Space” – 25 ft Bronze and Stainless Steel – Landmark Center, Omaha, NE 1991 PERMANENT COLLECTIONS Presidential Collection - President Ronald Reagan Presidential Palace - Hofberg, Vienna, Austria U.S. Embassy - Prague, Czechoslovakia Nebraskahaus - Germany Presidential Residence - Taiwan State Capital Building, Lincoln, NE Hastings College Collection Ambassador J.M. Nimczyk, Washington, D.C. US Embassy, Prague UNIVERSITIES AND HOSPITALS Fred and Pamela Buffett Cancer Center, Omaha, NEDayon Children’s Hospital, Dayton, OH Choctaw Nation Regional Medical Clinic, Durant, OKLackland Airforce Base Ambulatory Care Center, San Antonio, TXMartin Army Community Hospital, Fort Benning, GAMethodist Dallas Medical Center, Dallas, TXUniversity of Nebraska-Lincoln, Lincoln, NEAurora University, Aurora, ILMethodist Richardson Medical Center, Dallas, TXOU Children’s Hospital, Oklahoma City, OKAlamance Regional Medical Center, Burlington, NCMethodist Medical Center, Dallas, TXBergan Mercy Medical Center, Omaha, NE P L A C Z E K S T U D I O S MONUMENTAL SCULPTURES 3716 LEAVENWORTH STREET • OMAHA, NE 68105 • 402-551-1200 • PLACZEKSTUDIOS.COM Immanuel Medical Center, Omaha, NEParkview Health Center, Fort Wayne, INChildren’s Pediatric Center, Omaha, NEMethodist Medical Center- Richardson, TXUniversity of Nebraska, Lincoln, NEUniversity of South Alabama, Mobile, ALCollege of Dupage, Glen Ellyn, ILAurora University, Chicago, IL Creighton University, Omaha, NE University of Nebraska Medical Center, Omaha, NE CORPORATE ART COLLECTIONSTakao Building Development, Tokyo, JapanGuinness Brewing, LondonBMW Corporation, GermanyCaterpillar Worldwide, Peoria, IL Dayton Hudson, Minneapolis, MNMartin May Corporation, Beverly Hills, CAOmaha World Herald, Omaha, NEClarkson Hospital, Omaha, NEPeter Kiewit Sons, Omaha, NELevel3 Corporation, Denver, COJoslyn Art Museum, Omaha, NEMeritcare, Pittsburgh, PADupont WorldwideWashington Corporation, MTCJ Cella Thoroughbreds Inc, St. Louis, MOAmerica First Corporation, Omaha, NEGoedel and Co., New York, NYHuntel Communications, Omaha, NE Durham Resources, Omaha, NEStandard Corporation, Omaha, NEBeta West, Omaha, NECreighton University, Omaha, NEHornady Manufacturing Company, Grand Island, NEHenry Doorly Zoo 2001 Bronze MedallionUniversity of Nebraska Medical Center, Omaha, NE Wayne Newton Collection AWARDS AND EXHIBITS Downtown Omaha Inc. - Cultural Art Award 2009 Midlands Business Journal “40 Under 40” Entrepreneur Award 2003 Gold medal Artist, May Gallery, Scottsdale, AZ 1996 - 2004 One- Man Featured art Show, Naples Fine Art, Naples, FL 1991-1994, 1997, 2001, 2005 Wings Over the Platte Featured Artist 1991 One Man Art Show, Hastings College, 1990 One- Man Retrospective, Stuhr Museum, Grand Island, NE 1990 Best of Show National Wildlife Art Show, 1984, 1985, 1987 One Man Art Exhibit, Nebraska State Capital, 1985 One Man Show – U.S. Embassy, Prague, Czechoslovakia 1982 GALLERY REPRESENTATION Borsheims, Omaha, NE DeBruyne Fine Art, Naples, FL Mainview Gallery, Scottsdale, AZ Mockingbird Gallery, Bend, OR EDUCATION Hastings College, Hastings, NE Creighton University, Omaha, NE REFERENCES MR. MICHAEL YANNEYChairman EmeritusThe Burlington Capital Group LLC One Burlington Place 1004 Farnam St, Suite 400 Omaha, NE 68102800-283-2357402-444-1630 MR. TERRY L. MOOREPresident and CEO of Omaha Federation of Labor6910 Pacific St # 450Omaha, NE 68106402-346-4800 MR. CALVIN R. SISSONExecutive DirectorSuzanne and Walter Scott Foundation11422 Miracle Hills Drive-Suite 408Omaha, NE 68154402-502-1122calvin@swscottfdn.org P L A C Z E K S T U D I O S MONUMENTAL SCULPTURES 3716 LEAVENWORTH STREET • OMAHA, NE 68105 • 402-551-1200 • PLACZEKSTUDIOS.COM ARTIST STATEMENT Around the world, the butterfly is symbolic of representing endurance, change, hope, and life. Which is why I decided to use butterflies as the subject of this sculpture. Each sculpture I create is unique to each location, and becomes a landmark. These colorful and vibrant butterfly sculptures create a joyous atmosphere, promoting positivity and social interaction. The goal for these sculptures is to create a create a joyous atmosphere, promoting positivity and social interaction, for residents and visitors to gather and socialize. Utilizing my 30 years of experience creating monumental sculpture, I use great attention to detail. Each sculpture is created from concept to installation, covering each part of the creative process with the highest industry standards. I work in a wide variety of materials, from bronze to stainless steel, as well as acrylic. Each piece is created unique to each location, and often times becomes a landmark. Backed by a team of professional engineers and installation technicians, I take the time to make sure the process is a seamless experience for each client. Creating a unique piece, custom to each location is my passion. �I : Cie ,� J �� ,� f�\ a -4 4 1% U� a 40 0 i 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 AVESTA DEVELOPMENT GROUP LLC FOR PUBLIC ART AT 7601 AMADOR VALLEY BOULEVARD WHEREAS, Avesta Development Group LLC (“Developer”) is building and will operate a Senior Care Facility comprised of apartments, assisted living and memory care units with associated communal eating and living areas at 7601 Amador Valley Boulevard: 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 Senior Care Facility; and WHEREAS, on August 20, 2019, City Council approved Developer’s proposed public artwork by artist Matthew Placzek; and WHEREAS, Developer has entered into a contract with artist Matthew Placzek to complete the approved artwork; and WHEREAS, artist Matthew Placzek has completed fabrication of the approved art; and WHEREAS, Developer is installing 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 A Public Art Installation and Maintenance Agreement with Avesta Development Group LLC For Public Art At 7601 Amador Valley Boulevard, attached hereto as Exhibit A and authorizes the City Manager to execute the agreement. PASSED, APPROVED AND ADOPTED this 20h day of August 2019. AYES: NOES: ABSENT: ________________________________________ ATTACHMENT 1 - 2 - Mayor ATTEST: _______________________________________ City Clerk 2842917.1 5219-116462\1272220.1 9/2/15 1 PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT FOR AVESTA SENIOR CARE FACILITY This PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT (“Agreement”) is dated as of ____________ (“Effective Date”), and is entered into between the CITY OF DUBLIN, a California municipal corporation (“City”), and DUBLIN CA REAL ESTATE, LLC (“Owner”). City and Owner may be referred to individually as a “Party” or collectively as the “Parties.” City and Owner enter into this Agreement with reference to the following recitals of fact (each, a “Recital”): RECITALS A. Owner is the owner of property in the City of Dublin (“City”) generally located on the North side of Amador Valley Boulevard and West of Donohue Dr and known as 7601 Amador Valley Boulevard ((APN): 941-0173-001-09) (“Property”). Owner is currently developing a four-story 66,787 square feet senior care facility in Downtown Dublin, consisting of 35 senior apartments, 13 high-acuity assisted living units, 32 memory care (“Project”). B. On March 22, 2016 the Planning Commission approved SDR Resolution No. 16- 04 Condition of approval number 14 (the “Condition”) requires Owner to acquire and install a public art project in accordance with Chapter 8.58 of the City Municipal Code valued at a minimum of $67,675, to comply with the Project’s public art compliance report submitted by the Owner 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 Owner that sets forth the ownership, maintenance responsibilities and insurance coverage for the public art project. C. Owner entered into a Public Art Agreement with Matthew Placzek, a sole proprietor (“Artist”), on February 11, 2019 (“Artist Agreement”). Under the Artist Agreement, the Artist agreed to design, fabricate and install public art on the Property “Exhibit A”. The Artist Agreement contains maintenance provisions, warranties, standards and releases. D. On July 11, 2019, the Heritage and Cultural Arts Commission reviewed the proposed public art project prepared by the Owner (“Public Art”) and recommended approval of the Public Art to the City Council. The Public Art consists of colorful and vibrant butterfly sculptures made with durable metal and hand etched acrylic. The Public Art will be installed in the locations 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 Owner’s obligation to enter into an agreement setting forth ownership, maintenance responsibilities and insurance coverage for the Public Art. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THE PROMISES AND COVENANTS OF CITY AND OWNER SET FORTH IN THIS AGREEMENT, CITY AND OWNER AGREE, AS FOLLOWS: 5219-116462\1272220.1 9/2/15 2 TERMS AND CONDITIONS 1. PUBLIC ART INSTALLATION, OWNERSHIP AND MAINTENANCE 1.1 Installation and City Manager Determination. Owner 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 Name/email 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, Owner 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 Owner’s Maintenance. Following the City’s approval or deemed approval, as set forth in Section 1.1 above, Owner shall accept the Public Art from the Artist. Thereafter, Owner 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. Owner 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 Owner’s failure to maintain the Art, Owner 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 X years from the date of approval or deemed approval by the City, as set forth in Section 1.1 above. After that time, Owner 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 Owner, in consultation with City, determines that the Public Art does not retain its identity as a work of art and Owner wishes to destroy the Public Art, the Owner 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, such approval not to be unreasonably withheld, conditioned or delayed. 1.3 City’s Maintenance Option. In the event that Owner fails to maintain the Public Art in accordance with this Agreement, City shall provide written notice of such condition. In the event that Owner 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), 5219-116462\1272220.1 9/2/15 3 including without limitation the right to access the Public Art, and to receive from Owner the City’s reasonable out-of-pocket costs for such action. 1.4 Modifications; Relocation. Owner intends to display the Public Art as originally created by Artist at the locations set forth on Exhibit B. Notwithstanding the foregoing, Owner 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. Owner 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. Owner shall provide City with verification of the required insurance under the Artist Agreement. In addition, Owner 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 Owner to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. Owner shall notify City within 14 days of notification from Owner’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 Owner 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. 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 5219-116462\1272220.1 9/2/15 4 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 Owner: Dublin CA Real Estate, LLC 1422 Clarkview Road Baltimore, MD 21209 Attn: Mr. Kenneth Assiran Telephone: 410-769-5882 Email: rkoors@capfundinc.com With a copy to: (list development partners) ADG Dublin, LLC 1095 Colby Ave. Menlo Park, CA 94025 Attn: Mohammad Javanbakht Telephone: 925-899-8981 Email: mj@avestadev.com With a copy to: (Owners’ attorney) Barnes Evans & Lohse LLC 102 W. Pennsylvania Ave., Suite 505 Towson, Maryland 21204 Attn: Edward S. (Ted) Evans III Telephone: (410) 937-0396 Email: ted@bel-law.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 With a copy to: 5219-116462\1272220.1 9/2/15 5 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 Owner 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 follo wed 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. 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 5219-116462\1272220.1 9/2/15 6 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, Owner may assign the rights, interests and obligations of Owner arising under this Agreement to a homeowners’ association formed for the Project or to a successor in interest or assignee of Owner at which point Owner shall have no further liability hereunder. Owner 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. This Agreement shall be binding upon, and inure to the benefit of and enforceable by, the respective personal representatives, successors and permitted assigns of the parties hereto. 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-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 Agreement 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 5219-116462\1272220.1 9/2/15 7 this Agreement transmitted by electronic facsimile copies as original documents. The Parties acknowledge that copies of this Agreement 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 Agreement in the possession of the Party sending the Agreement. The Parties agree that any such copies of this Agreement shall be accepted by the Parties as true and correct originals of this Agreement so long as the actual text of this Agreement 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: City Manager ATTEST: By: Name: Title: City Clerk APPROVED AS TO FORM: By: Name: Title: City Attorney OWNER: DUBLIN CA REAL ESTATE, LLC, a Delaware limited liability company By: Name: Title: 5219-116462\1272220.1 9/2/15 EXHIBIT A 5219-116462\1272220.1 9/2/15 5219-116462\1272220.1 9/2/15 5219-116462\1272220.1 9/2/15 EXHIBIT B 5219-116462\1272220.1 9/2/15 5219-116462\1272220.1 9/2/15