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Home My WebLink Aboutitem 7.1 Loaned Art Program (2) . v 0b --so CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 10, 1990 SUBJECT: Dublin Fine Arts Foundation (DFA) Loaned Art Program (Prepared by: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: Exhibit 1 : Letter dated August 29, 1990 from Lynne Baer, Executive Director Exhibit 2: Resume of Bruce Beasley, Sculptor Exhibit 3: Site Plan Showing the Approximate Location Exhibit 4: Proposed Agreement RECOMMENDATION: Determine whether it is appropriate for the City to assume risks associated with the display. If appropriate, authorize the Mayor to execute the agreement and direct staff to work with DFA to complete the installation. FINANCIAL STATEMENT: DFA will pay all direct costs. The City would assume insurance costs in the event of a loss associated with the display. Some additional lawn maintenance expense will be incurred by the City. DESCRIPTION: At the City Council meeting on February 26, 1990, the City Council granted conceptual approval of the efforts by Dublin Fine Arts Foundation (DFA) to develop a "Sculpture Park" with loaned works of art. DFA has obtained funding and has requested authorization to proceed with the first piece of artwork. An agreement has been drafted which will provide for a one year loan of a large scale sculpture. DFA is also arranging to have the artist available for a community forum. The incorporation of educational elements along with the display of artwork has become a major goal of the Foundation. The loan agreement provides for a one year display, which can be extended upon approval of all parties. The Artist does have the ability to remove the artwork prior to the end of the one year loan period in the event the sculpture is sold. The City Attorney's Office has termed the agreement as a consignment. The agreement includes provisions that DFA would receive a 15% commission in the event the sculpture is sold. This provision provides a method for the City to indirectly support the activities of DFA in the event a sale occurs. DFA has reviewed with the Artist the placement of the sculpture. It is proposed to locate the work in a grass area along Dublin Boulevard. The general location is west of the large fountain. Due to the scale of the sculpture, it needs to be set away from the fountain in order to avoid a sense of "clutter. " The agreement requires that the installation be coordinated with the Public Works Department. The artist would determine the precise location as the sculpture is installed. The maintenance of the turf area beneath the sculpture will also need to be carefully reviewed. Due to clearance limitations, the area will not be able to be mowed with larger equipment. The Public Works Director will need to work with the City's Maintenance Contractor (MCE) to evaluate feasible methods of maintaining the turf. This may require additional maintenance costs. In addition to any additional maintenance costs, DFA has requested that the City assume responsibility for insurance costs. Staff has worked with the ---------------------------------------------------------------------- COPIES TO: Ron Nahas, DFA President Lynne Baer, DFA Executive Director ITEM NO. + City's Insurance provider to assess the implications of this arrangement. Two areas of insurance are involved: liability insurance through the City's self-insured pool (ABAG PLAN) ; and property insurance which is a group purchase of a commercial policy. The City participates in ABAG PLAN for general liability coverage. The City carries a $25, 000 deductible and annual premiums are based in .part on losses incurred within the previous five years. The ABAG PLAN Risk Manager has advised that coverage would be provided in the event of a claim associated with the display on City property. The issue becomes a policy decision given the significant deductible which would be at risk in the event of a claim. Staff reviewed the circumstances with the ABAG PLAN Risk Manager and it is believed that the display would not present any significant risk. The sculpture has been on display previously in a public plaza at the San Francisco Civic Center. The sculpture will also be located some distance from the Dublin Sports Grounds, which should avoid the potential for it to be used as a play structure. It is not possible to provide a guarantee that a claim would not occur, however, the City should be capable of providing adequate provisions to limit the exposure. The City purchases its property insurance under a group policy arranged by ABAG PLAN. The group policy includes $100, 000 coverage per occurrence for losses involving fine arts. The City has a $5, 000 deductible under the policy. Once again, Staff has reviewed the potential for a loss with the ABAG PLAN Risk Manager. The sculpture is constructed of stainless steel panels welded together. The potential for damage would most likely result from vandalism or potentially an automobile accident where a vehicle runs onto the lawn area. The amount of coverage is limited and again the City's exposure with a $5, 000 deductible is significant. The overall decision becomes one of policy for the City Council. Representatives of DFA will be in attendance to provide slides of the artwork and the proposed location. Overall, the project allows for the display of a large scale sculpture by an accomplished artist. Exhibit 2 identifies Bruce Beasley's background and exhibitions. In addition, DFA will be arranging for an educational seminar presented by Mr. Beasley. Staff recommends that the City Council consider the proposal and if appropriate, authorize the Mayor to execute the agreement. d .1. N A 1R. C D A. 1. Counci I I'lerrioers, Dij,olin Civic Cenier 1c:)1c:)O Civic= Pla7 Dear lt'llayorand City Cniuncil Nen-ibers: The Founcia-tion is pleasi-:,al to present to the 'k-jity Council for approval the f irst work of art.- to he loaneil to the Dublin Park-. The artist, Bruce Beasley, is a very well known sculptor- in the '--,.ay A.rpa as well as nationally. His wor,�,,s are in many punl',,c and corporate collections (Vease see the enclosed res,jrne). He has agreed to loan the city a very b e au t if ul s T a 1 n 1 es s sreel sculpture, tiled 0o e enclosecl, photograph). it is a very .iarqe i3l_!t araceful work. that is 220 feet n,igr, by feet wide anci 10 feet in diameter. He rya,,:J visited the ;--'ivic Center and feels that the nest site for trie W01-.K l: In front on the arassy area oe T w Pen ne bu i Nina and DAhlin Boulevard. The work is valuer at ha-c- oll0l.-linea the tcrocessl In-crallartlon and toev reouire rininimum of effort on the part of the Foundation and C-1tv. The artist will! c ,)rganize and ;upervise- the trucking the - e mouro..,-ing of the wor', with a crane sec�jre To(.) or file on the Spot, and provicle 1:or z 1,')a f c Ll I p,ure The o u ri 0 ar i c,ri has recel,ved f urio i i ic, for Thi:-=; p-fart of tfjp ,project " ... I Ir -Ee?--ni -I e y also agreed t-c, t alk,e part in an educational program for the - The Founciation appreciates the C.,t y Councill's conl'inued support! of. our ffortS to integrate art into public uaces or the comi-nuniTy, Please do nor nes',r;-:;te to contact rfle it you have any further q(,lest"lons-, B,o--st regards, "Y-z Xy,mr.ip Baer EXHIBIT Executive Director- 1'. Bruce Beasley 322 Levels Street Oakland,CA 94607 (415) 836-1414 6� c I `dLt� FAX (415) 763-4431 ` � 199n >i�l�' �5 . BORN May 20, 1939; Los Angeles,California CITY OF DUBLIN, EDUCATION Dartmouth College, Hanover, New Hampshire, 1957-59 University of California, Berkeley,California, B.A. 1962 MUSEUM COLLECTIONS Museum of Modern Art,New York Solomon R.Guggenheim Museum, New York Musee d'Art Moderne, Paris, France National Museum of American Art,Washington, D.C. Los Angeles County Art Museum, Los Angeles Santa Barbara Museum of Art,Santa Barbara, California The Oakland Museum,Oakland,California San Jose Museum of Art, San Jose,California Hood Museum of Art, Dartmouth College, Hanover, New Hampshire University of Kansas,Spenser Museum of Art, Lawrence, Kansas Franklin D. Murphy Sculpture Garden, University of California at Los Angeles The Crocker Art Museum,Sacramento, California Wichita Art Museum,Wichita, Kansas SOLO EXHIBITIONS 1990 Pepperdine University Art Gallery, Malibu, Calfiornia Loma Linda University Art Gallery, Riverside, California 1981 Fuller-Goldeen Gallery, San Francisco 1973 San Diego Museum of Art, San Diego,California Santa Barbara Museum of Art,Santa Barbara, California 1972 M.H.deYoung Memorial Museum,San Francisco 1971 Andre Emmerich Gallery, New York 1966 David Stuart Gallery,Los Angeles 1965 Hansen Gallery, San Francisco 1964 Kornblee Gallery, New York 1963 Everett Ellin Gallery, Los Angeles 1961 Richmond Art Center, Richmond,California GROUP EXHIBITIONS 1987-90 Oakland's Artists'90, The Oakland Museum, Oakland,California Monumenta, 19th Sculpture Biennale, Middleheim Sculpture Park,Antwerp, Belgium BayArea Bronze, Civic Arts Gallery,Walnut Creek,California Steel Sculpture, International Steel Sculpture Symposium at Park der Berg, Krefeld, West Germany;Wantipark, Dordrecht, Netherlands;Yorkshire Sculpture Park, West Bretton, Great Britain;Kunsthall,Bremen,West Germany Budapest Triennial International Sculpture Exhibition, Palace of Exhibitions, Budapest, Hungary Outdoor Sculpture Show, Shidoni Gallery,Tesuque, New Mexico Sculpture-Modern and Contemporary, Anchorage Museum of History and Art, Anchorage; traveled to Alaska State Museum,Juneau, and University of Fairbanks,Alaska State of California,Art in Public Buildings 1978-1988,Fresno State University; Traveled Statewide 1986 A Gift of Sculpture, San Francisco Civic Center Plaza, Sponsored by The San Francisco Arts Commission Casting Across America, North Dakota Museum of Art, Grand Forks, North Dakota E XHIP"AIT BRUCE BEASLEY GROUP EXHIBITIONS continued 1985 The Art of the San Francisco Bay Area: 1945 to 1980, The Oakland Museum, Oakland, California Going Public:A Retrospective Exhibition, Walnut Creek Civic Arts Gallery and Civic Park, Walnut Creek, California 1983-85 California Sculpture Show, XXII Olympic Arts Festival and the Fisher Galleries, University of Southern California. Traveling exhibition to Musee d'Art Contemporain de Bordeaux, France;Stadtich Kunsthalle, Manheim,West Germany; Yorkshire Sculpture Park,West Bretton,Great Britain; Sonja Henies Og Niels,Onstads, Norway Outdoor Sculpture Show, Shidoni Gallery,Tesuque, New Mexico Art Collectors In and Around Silicon Valley, Euphrat Gallery, DeAnza College, Cupertino, California 1982 100 Years of California Sculpture, The Oakland Museum, Oakland, California Northern California Art of the Sixties, deSaisset Museum,Santa Clara University, Santa Clara,California Sculpture Invitational, Kaiser Center Roof Garden, Oakland,California Forgotten Dimension, Two-year tour organized by the Fresno Arts Center, Fresno, California; 1982-84 The Shoebox Sculpture Show, University of Hawaii;Traveled Internationally, 1982-84 Sculpture '82, Shidoni Gallery, Tesuque, New Mexico 1980 FortyAmerican Sculptors, XII International Sculpture Conference,Washington, D.C. Across the Nation, National Museum of American Art,Washington, D.C. Sculpture in Public Spaces, San Mateo Arts Council, San Mateo, California 1979 Spaces, Walnut Creek Civic Arts Gallery,Walnut Creek, California 1976 Fine Art in New Federal Buildings, New Orleans Museum of Art, New Orleans, Louisiana 1975 Public Sculpture-Urban Environment, The Oakland Museum,Oakland, California 1974 Oregon International Sculpture Symposium, Eugene, Oregon ContemporaryAmerican Painting and Sculpture,Krannert Art Museum, University of Illinois, Urbana-Champaign 1973 Salon d'Mai, The Luxembourg Gardens, Paris, France Salon de la Jeune Sculpture, Musee d'Art Moderne, Paris, France Refracted Images, DeCordova Museum,Worcester, Massachusetts The Small Format, St.Mary's College Art Gallery, Moraga, California 1972 Sculpture '72, Stanford University Museum of Art, Stanford, California 1971 Translucentand TransparentArt, Museum of Fine Arts, St. Petersburg, Florida Centennial Exhibition, San Francisco Art Institute,de Young Museum, San Francisco A Decade in the West, Stanford University Museum of Art, Stanford,California,and Santa Barbara Museum of Art, Santa Barbara, California 1970 1970 Biennial Invitational, Crocker Art Gallery,Sacramento, California American Sculpture in Perspective, Sheldon Art Gallery, University of Nebraska, Lincoln, Nebraska Pierres de Fantaisie,The Oakland Musuem, Oakland, California Excellence, University of California Art Museum, Berkeley Pollution Show, The Oakland Museum, Oakland,California Looking West, Joslyn Art Museum,Omaha, Nebraska Sculpture Here and Now, Stanford University Art Museum, Stanford, California Expo '70, San Francisco Pavilion,Osaka,Japan A Plastic Presence, The Jewish Museum, New York;Milwaukee Art Center,Milwaukee, Wisconsin;San Francisco Museum of Modern Art,San Francisco, 1969-70 BRUCE BEASLEY GROUP EXHIBITIONS continued 1969 Plastics and New Art, Institute of Contemporary Art, University of Pennsylvania, Philadelphia, Pennsylvania Contemporary American Painting and Sculpture, Krannert Art Museum, University of Illinois, Urbana-Champaign, Illinois 1968 Art from California, Janie C.Lee Gallery, Dallas,Texas 1967 California Artists in National Collections, Lytton Center of Visual Arts, Los Angeles Thirtieth Anniversary Exhibition, Richmond Art Center, Richmond, California Plastics West Coast, Hansen-Fuller Gallery,San Francisco 1966 Selected Acquisitions, Solomon R.Guggenheim Museum, New York Twenty-Two Sculptors, California State University at Northridge Annual Exhibition, San Francisco Museum of Modern Art Contemporary Art from the Lytton Collectin, Lytton Center of the Visual Arts, Los Angeles. 1965 Zellerbach Memorial Competition, Palace of the Legion of Honor, San Francisco Some Aspects of California Painting and Sculpture, La Jolla Art Museum, La Jolla, California Annual Exhibition, San Francisco Museum of Modern Art 1964 Albright Knox Gallery, Buffalo, New York Eleven American Sculptors, University of California Art Museum, Berkeley Painting and Sculpture Acquisitions, Museum of Modern Art,New York The Berkeley Gallery,Berkeley, California 1963 Contemporary California Sculpture, Oakland Museum,Oakland, California Biennale de Paris, Musee d'Art Moderne, Paris, France Annual Exhibition, San Francisco Museum of Modern Art 1962 Three Artists, Gallery 8,Santa Barbara,California 1961 Art of Assemblage, Museum of Modern Art, New York;traveled to the Dallas Museum for Contemporary Art, and the San Francisco Museum of Modern Art, 1961-62 Annual Exhibition,San Francisco Museum of Modern Art 1960 Northern California Sculptors Annual, The Oakland Museum,Oakland, California Painting and Sculpture Annual, Richmond Art Center, Richmond, California AWARDS AND PRIZES 1989 Individual Artist Award, Oakland Chamber of Commerce, Oakland,California 1967 Purchase Prize, San Francisco Arts Festival, San Francisco 1965 Frank Lloyd Wright Memorial Purchase Award, Marin Museum Association, San Rafael,California 1963 Andre Malraux Purchase Prize, Biennale de Paris, France 1961 Honorable Mention, San Francisco Museum of Modern Art Annual 1960 Adele Morrison Memorial Medal,The Oakland Museum Sculpture Annual, Oakland,California BRUCE BEASLEY LECTURES American River College, Sacramento,California Brown University, Providence, Rhode Island College of Marin, Fairfax, California Concordia University, Montreal, Quebec Crocker Art Museum, Sacramento,California Dartmouth College, Hanover, New Hampshire De Anza College, Cupertino,California Emily Carr College of Art, Vancouver, British Columbia Hong Kong Museum of Art, Hong Kong Humboldt State College, Arcata,California International Sculpture Conference, 1970,72,74,78,80,82,90 Johnson Atelier, Princeton, New Jersey Miami University, Miami, Florida Marin Art Association, Mill Valley,California National Computer Graphics Association Conference, Anaheim,California, 1990 National Endowment for the Arts, Small Business Administration Lecture Series Osaka American Center, Osaka,Japan Rancho Santiago College, Santa Ana,California Santa Barbara Art Museum, Santa Barbara, California Santa Clara University, Santa Clara, California Santa Cruz Art Association, Santa Cruz, California San Francisco Academy of Art, San Francisco San Francisco Museum of Modern Art, San Francisco Sapporo American Center, Sapporo,Japan Stanford University,Stanford,California The Exploratorium, San Francisco Town& Gown Club,.Berkeley,California University of California at Berkeley University of Hawaii University of North Dakota University of Oregon University of Sydney, Sydney,Australia Walnut Creek Civic Art Association,Walnut Creek,California York University, Toronto, Ontario Visual Arts Center,Anchorage,Alaska PANEL PARTICIPANT Commission on a Museum for a New Century International Sculpture Conference, 1968,72,74,78,80,82,90 Marin-InterArts Panel Discussion, Mill Valley, California National Endowment forthe Arts Panel, Los Angeles Public Arts Panel,Sunnyvale, California Art and the Law Panel, Stanford University, Stanford,California Northern California Sculpture Conference, Sonoma State University JUROR Anacortes Exhibition, Anacortes,Washington California Arts Council, Sacramento,California California State Fair, Sacramento, California College of Marin, Fairfax, California Hawaii Sculpture Competition, Honolulu, Hawaii International Sculpture Competition 1980, Washington, D.C. Marin-InterArts Sculpture Competition San Francisco Art Commission, San Francisco San Francisco Art Fair, San Francisco Sacramento Arts Commission Hong Kong Museum of Art BRUCE BEASLEY PUBLIC AND CORPORATE COLLECTIONS Arco Corporation, Los Angeles Capitol Group, Los Angeles City of Anchorage, Alaska City of Eugene, Oregon City of Salinas,California Crocker Art Museum, Sacramento, California Djerassi Foundation, Woodside, California Federal Office Building, San Diego,California. GSA Art in Public Buildings. Franklin D. Murphy Sculpture Garden, University of California at Los Angeles Gallaudet College, Washington, D.C. Hood Museum of Art, Dartmouth College, Hanover, New Hampshire IBM Corporation, New York, New York Jackson Wax Foundation, Racine, Wisconsin Kleinewefers GmbH, Krefeld, Germany Lakeside Mall, Sterling Heights, Michigan Los Angeles County Art Museum, Los Angeles Mall at Short Hills, Short Hills, New Jersey Miami International Airport, Miami, Florida Musee d'Art Moderne, Paris, France Museum of Modern Art,New York National Museum of American Art, Washington, D.C. Santa Barbara Museum of Art, Santa Barbara, California San Francisco Arts Commission,San Francisco, (3 pieces) San Francisco International Airport, San Francisco San Jose Museum of Art, San Jose, California Stanford University, Stanford,California, (2 pieces) State of Alaska, Anchorage,Alaska State of California, Capitol Office Building, Sacramento, California State of California, State Office Building, San Bernardino,California Solomon R.Guggenheim Museum, New York The Oakland Museum, Oakland,California Times Mirror Corporation, Los Angeles, California Tupperware, Inc., Orlando, Florida University of Kansas Museum of Art, Kansas City, Kansas Wichita Art Museum,Wichita, Kansas BRUCE BEASLEY PUBLIC AND CORPORATE COLLECTIONS Arco Corporation, Los Angeles Capitol Group, Los Angeles City of Anchorage, Alaska City of Eugene, Oregon City of Salinas,California Crocker Art Museum, Sacramento, California Djerassi Foundation, Woodside, California Federal Office Building, San Diego, California. GSA Art in Public Buildings. Franklin D. Murphy Sculpture Garden, University of California at Los Angeles Gallaudet College, Washington, D.C. Hood Museum of Art, Dartmouth College,Hanover, New Hampshire IBM Corporation, New York, New York Jackson Wax Foundation, Racine,Wisconsin Kleinewefers GmbH, Krefeld, Germany Lakeside Mall, Sterling Heights, Michigan Los Angeles County Art Museum, Los Angeles Mall at Short Hills, Short Hills, New Jersey Miami International Airport, Miami, Florida Musee d'Art Moderne, Paris, France Museum of Modern Art, New York National Museum of American Art, Washington, D.C. Santa Barbara Museum of Art, Santa Barbara, California San Francisco Arts Commission,San Francisco, (3 pieces) San Francisco International Airport, San Francisco San Jose Museum of Art, San Jose, California Stanford University, Stanford,California, (2 pieces) State of Alaska, Anchorage,Alaska State of California, Capitol Office Building, Sacramento,California State of California, State Office Building, San Bernardino,California Solomon R.Guggenheim Museum, New York The Oakland Museum, Oakland, California Times Mirror Corporation, Los Angeles, California Tupperware, Inc., Orlando, Florida University of Kansas Museum of Art, Kansas City, Kansas Wichita Art Museum,Wichita, Kansas Scv�p�v� ��o('.or• ii ••�" � �Blvd t � � --� {'�.. �t s f rca" �,k'Lj, %'.�.iL...- � .t•flyrt� r.�- �, Oct I ell � mil_.•��\ 'L\.. �/ rJ 31 l.nu.rr Ifll I PRELIMINARY LANDSCAPE PLAN - = Interstate 580 C�1 L I r-1, ' of DUBLIN CIVIC .CENTER Gtl"J-ll1 7�J iAltL 1G�l4 1LI'IC CR.J I-iriv'G GI nL AGREEMENT This AGREEMENT is made and entered into as of the loth day of September, 1990 by and between THE DUBLIN FINE ARTS FOUNDATION (hereinafter called the "DFA") , Bruce Beasley (hereinafter called "ARTIST") , and the City of Dublin, a municipal corporation (hereinafter called the "CITY") . WITNESSETH: WHEREAS, DFA desires to arrange for the temporary display of a large scale work of art at the Dublin Civic Center; and WHEREAS, the display is part of a comprehensive program which will include educational services; and WHEREAS, DFA has made arrangements with ARTIST to display a sculpture on the Dublin Civic Center grounds which are owned by the CITY. NOW, THEREFORE, the parties agree as follows: 1. Consianment .of Sculpture A. ARTIST agrees to deliver to DFA, for exhibition and sale purposes, a stainless steel sculpture titled "DORION" which has approximate dimensions of 30 feet wide and 20 feet high. B. The ARTIST agrees that the fair market value of the Sculpture does not exceed (One Hundred Thousand Dollars) $100, 000. C. The parties agree that this Agreement shall be construed in accordance with sections 1738 , gt sea, of the California civil Code. D. The ARTIST agrees to consign to DFA the Sculpture described in Section 1 for one year, except as provided in Section 4 (B) . 2 . ARTIST'S Rights and Resl2onsibilities A. ARTIST shall be responsible for the safe and secure installation of the Sculpture. Said work of installation shall be coordinated with CITY to avoid damage to underground utilities and other CITY facilities. September 5, 1990 114\agree\tirroert.9rm 'EXHIBIT B. ARTIST shall personally supervise the installation of the Sculpture. C. ARTIST agrees to personally participate in a community educational program, which shall be arranged by DFA. D. ARTIST hereby expressly warrants that ARTIST is the owner of the described Sculpture or is the legal representative of, or has express authority to act as, the agent for the owner in connection with the consignment hereby made. 3 . DFA Rights and Resnolities A. DFA shall pay all costs associated with the transportation of the work from Oakland, California, to the Dublin Civic Center and shall pay any costs for a crane to place the Sculpture on a base, if one is required. B. DFA shall pay all costs associated with the removal of the Sculpture if the City or DFA request removal. If the Sculpture is moved pursuant to Section 4 (B) Artist shall pay all costs associated with removal. This shall include the costs of transporting the Sculpture to the location it was originally transported from in Section 3 (A) . C. DFA shall have the right to photograph and record the work for purposes of providing documentation of the exhibition, including a catalogue description, educational programs, or publicity. DFA shall also have the right to permit any person or persons to do the same. 4 . Term of Consignment A. The term of the consignment shall be for one year following the date of installation. The consignment term may be extended upon written approval of all parties to this Agreement. The consignment term may be shortened as described in Section 4 (B) . B. If the ARTIST sells the Sculpture during any consignment period pursuant to this Agreement, the Sculpture may be removed pursuant to the following conditions: 1) ARTIST shall coordinate the removal with CITY to avoid any damage to CITY facilities. (2) If Sculpture is removed pursuant to this section within six months following the date of installation, Artist shall reimburse DFA for all installation costs incurred pursuant September 5, 1990 114\agree\fineert.srro 2 to section 3 (A) . 3) All costs identified in Section 3 (B) and associated with the removal shall become the responsibility of the ARTIST. 4) A commission equal to fifteen percent (15%) of the sales price shall be paid to DFA if the work is sold while on exhibit at the Dublin Civic Center. 5 . Liens A. Any signs identifying or associated with the Sculpture shall be approved prior to installation by CITY as to form, style, materials, content and location. B. The cost associated with constructing and installing any approved sign shall be the responsibility of DFA. 6. Insurance A. The CITY maintains liability insurance coverage which includes CITY facilities and grounds . CITY agrees to maintain such liability insurance coverage during the term of this consignment and to name DFA as an additional insured under such coverage. B. CITY maintains property insurance coverage which is obtained through a joint purchase with other agencies. CITY agrees to obtain a certificate of insurance evidencing property damage insurance coverage of the Sculpture against damage or destruction. ARTIST agrees that the limit of liability for said coverage is limited to $100, 000 (One Hundred Thousand Dollars) per occurrence aggregate. Said insurance coverage would be in effect upon installation of the Sculpture and would remain in effect until the end of the consignment period. C. If ARTIST maintains any form of liability or property damage insurance coverage, any insurance coverage by CITY pursuant to this Agreement shall be excess insurance only. ARTIST shall provide CITY with satisfactory evidence of such insurance coverage. 7 . Aefegs or Damage A. The ARTIST shall guarantee that, upon installation, the Sculpture is free of all defects in its design or workmanship. If, at any time during the consignment period, any defects September 5, 1990 3 114\a9ree\flneart.erm attributable to normal wear and tear are observed, ARTIST shall be notified. ARTIST agrees to promptly and satisfactorily repair, correct or replace said defects at ARTIST'S expense. B. The risk of loss or damage to the Sculpture shall be borne by the ARTIST until the Sculpture has been installed and after it is removed. C. CITY agrees that it shall be responsible in the event of accidental damage or destruction of the Sculpture during the consignment term. Such liability, however, is expressly limited to the fair market value of the Sculpture. CITY shall not be liable to ARTIST or DFA for damage to or destruction of the Sculpture for any amount in excess of the fair market value. Artist recognizes and agrees that the Sculpture will be displayed on public property open to the elements and members of the public. City shall not be responsible for normal wear and tear, damage caused by the elements, or scratches, abrasions or minor surface defects caused by exposure to the public or normal and customary landscape and maintenance activity. The fair market value of the Sculpture shall be determined by a qualified art appraiser mutually agreed upon by the Artist and City. D. DFA and CITY agree that they will not intentionally damage, alter, relocate, modify or change the Sculpture in any way and will take reasonable precaution in order that it will not be damaged, altered, modified or changed by anyone in any manner. All notices herein shall be in writing, by certified mail, return receipt requested, and shall be served as follows: To DFA at: DFA President 1 Bates Boulevard, Suite 200 Orinda, CA 94563 To CITY at: City Manager City of Dublin 100 Civic Plaza P. O. Box 2340 Dublin, CA 94568 To ARTIST at: Bruce Beasley 322 Lewis Street Oakland, CA 95607 September 5, 1990 114\agree\fineart.srm 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on the date first written. The Dublin Fine Arts Foundation The City of Dublin BY BY President Paul C. Moffatt, Mayor Artist Attest: BY: Bruce Beasley Kay Keck, City Clerk September 5, 1990 114\agree\fineart.srm 5