HomeMy WebLinkAboutItem 4.08 SteelWatercolor99AgmtCITY CLERK FILE # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 2, 2002
SUBJECT:
Amendment to Agreement for the Temporary Display of Sculpture
at the Dublin Civic Center.
Report by: Diane Lowart, Parks & Community Services Director
ATTACHMENTS: 1) Fifth Amendment To Extend Time - Steel Watercolor No. 99
RECOMMENDATIO~, /~6~Authofize Mayor to Execute ~endment
FINANCIAL STATEMENT: None
DESCRIPTION: The City of Dublin currently has a sculpture on loan from KLMLP,
LP (formerly Kemper Real Estate Management Company). The sculpture "Steel Watercolor #99" is a 22
1/2 foot tall sculpture by bay area artist, Fletcher Benton.
The agreement terms for Steel Watercolor #99 agreement have expired but there are provisions for
extension upon written approval of all parties to the agreements. KLMLP, LP and Dublin Fine Arts
Foundation have indicated a desire to eXtend the loan for an additional two years.
Attachment 1 is the amendment to the agreement prepared by the City Attomey. The amendment
provides for a two year extension.
It is recommended that the City Council authorize the Mayor to execute the amendment.
G:\dfafuniscella\cc01 est.doc
COPIES TO:
KLMLP, LP
Dublin Fine Arts Foundation
ITEM NO.
FIFTH AMENDMENT TO EXTEND TIME
This fifth Amendment to Extend Time entered into as of the __ day of
., 2002, by The Dublin Fine Arts Foundation, a non-profit corporation
(hereinafter called "DFAF'), KLMLP, LP, a Delaware limited partnership (hereinafter called
"KLMLP"), and the City of Dublin, a municipal corporation, (hereinafter called "City"),
amending the Agreement dated March 26, 1996, the Third Amendment to Extend Time dated
December 31, 1999 and the Fourth Amendment to Extend Time dated January 16, 2001.
RECITALS
WHEREAS, the Agreement dated March 26, 1996 was entered into by The DFAF, The
City, and Kemper Real Estate Management Company for the consignment of the sculpture titled
"Steel Watercolor No. 99", and
WHEREAS, a First Amendment to Extend Time dated May 6, 1997 was entered into by
the parties to the March 26, 1996 Agreement and provided for an extension of the consigranent
term for an additional one year period; and
WHEREAS, a Second Amendment to Extend Time dated July 7, 1998 was entered into
by the parties to the March 26, 1996 Agreement and provided for an extension of the
consignment term for an additional one year period; and
WHEREAS, a Third Amendment to Extend Time dated December 31, 1999 was entered
into by the parties to the March 26, 1996 Agreement and provided for an extension of the
consignment term for an additional one year period; and
WHEREAS, a Fourth Amendment to Extend Time dated January 16, 2001 was entered
into by the parties to the March 26, 1996 Agreement and provided for an extension of the
consignment term for an additional one year period; and
WHEREAS, the parties to this Fifth Amendment to Extend Time wish to extend the
consignment term for an additional two year period.
Now therefore the parties agree as follows:
1. The parties agree to extend the consignment term of the "Steel Watercolor No.
99" sculpture for an additional two year period from the date of execution of this Fifth
Amendment to Extend Time.
Fifth Amendment to Extend Time
Between City of Dublin and Dublin Fine Arts Foundation
Page 1 of 2
April 2, 2002
ATTACHMENT 1
2. All provisions, terms, and covenants of the Fourth Amendment to Extend Time
and the original Agreement regarding consignment of the sculpture, the rights and
responsibilities of the parties, the term of the consignment, signs, insurance, effects or damage,
and notice shall remain in full force and effect during the term of the extension of the
consignment.
In witness whereof the parties hereto have set their hand to this Fifth Amendment to
Extend Time on the date first written above.
DUBLIN FINE ARTS FOUNDATION
By:
President
CITY OF DUBLIN
ATTEST:
By:. By:
Mayor
City Clerk
KLMLP, LP
By:
Its:
Fifth Amendment to Extend Time
Between City of Dublin and Dublin Fine Arts Foundation
Page 2 of 2
April 2, 2002