HomeMy WebLinkAboutItem 8.3 DFA LoanArtSculpture#3 (2)
r
.~ .
.
.
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 27, 1992
SUBJECT:
DUblin Fine Arts Foundation (DFA) Loaned Arts Program
Sculpture Agreement #3
~ (prepared by: Paul S. Rankin, Assistant city Manager)
'~
EXHIBITS ATTACHED: Exhibit 1: ~Letter from Lynne Baer, DFA Executive,
dated January 15, 1992
Exhibit 2: ~Resume of viola Frey, Artist
~Xhibit 3: / ,Proposed Agreement
Exhibit 4: /Location Map
RECOMMENDATION: ~ If the city council concurs with the conditions under
\ which the artwork will be displayed, authorize the
Mayor to execute the agreement and direct staff to work
with DFA to complete the installation. Determine
whether one or two pieces shall be displayed.
FINANCIAL STATEMENT:
DFA shall pay all direct costs. The city would
assume insurance costs in the event of a loss
associated with the display. Depending on the
location additional landscape maintenance expenses
may be incurred.
DESCRIPTION: On two previous occasions, the city council has
approved the display of large sculptures at the Civic Center. The Dublin
Fine Arts Foundation (DFA) has made arrangements with recognized artists to
loan work which is displayed at the civic center. The initial goal of DFA
is to develop a "Sculpture Park" which can provide visitors with an
opportunity to experience different types of artwork.
In the attached letter from the DFA Executive Director, it is indicated
that the Foundation would like to display sculpture created by viola Frey.
The Artist has similar work in the permanent collections of many museums
throughout the country. The figures being considered for loan are large-
scale ceramic figures realistically modelled with an application of paint.
DFA representatives will have slides of the artwork, which will be
presented at the City council meeting. The proposed location for this
artwork would be in the central courtyard. The Executive Director has
reviewed with City staff potential sites. The preferred locations are in
the grass area adjacent to the wood benches or the area in front of the
police wing wall. The size and subject matter of the artwork was
considered by DFA in identifying appropriate locations in the courtyard.
The location map (Exhibit 4) provides a general sense of the proposed
locations. Staff will also have slides available at the meeting.
staff has proposed that DFA be responsible for the construction of the
concrete pad to mount the sculpture on. The sculpture will have a steel
plate which is bolted to the concrete. staff has a concern with the
mounting of the sculpture on existing concrete walks. This would create
holes which would need to be patched after the work is removed. This would
be unsightly as well as a possible hazard. For this reason, staff is
recommending that DFA prepare a separate concrete pad in the landscaped
area, which would be removed at the end of the loan.
The proposed agreement is similar to previous agreements used for loaned
artwork. The Artist retains ownership of the sculpture and agrees to
display it for a minimum of one year. In the event the work is sold while
on display, DFA would receive a commission.
The agreement provides that the city would be responsible for the provision
of liability insurance in the event of a loss associated with the display.
~~----~------~---------~~----~-----~------~----~~---~~---------~----~------
ITEM NO. ~
COPIES TO: Lynne Baer, DFA Executive Director
Ron Nahas, DFA president
.
.
Previous displays have not resulted in any losses, although this cannot
guarantee what may occur with this particular proposal. The agreement also
provides for the city to extend its property insurance coverage. Each of
the proposed works is valued at $35,000. The city's property insurance
has a $5,000 deductible. In addition, the coverage for fine art is limited
to an aggregate amount of $100,000. currently, the city owns "Gaia," which
was commissioned at a cost of $100,000. The city also owns various smaller
scale paintings which were originally purchased for less than $500 each.
The city has also extended its property insurance for two sculptures valued
at a total of $120,000. Therefore, the total value for all fine art
exceeds the aggregate limit in the city's pOlicy. In the event of a
catastrophic event which totally destroyed all artwork currently displayed
at the civic center, a portion of the loss would be potentially uninsured.
As provided for in the agreements, it would depend on whether the Artist
carried any insurance. Also, the Artist is clearly informed of the extent
of the city's coverage in the agreement. Although Staff does not foresee
a total loss of all artwork in a single occurrence, it is appropriate for
the city council to fully understand the city's exposure for the proposed
agreement. Staff has attempted to mitigate the City'S exposure by clearly
defining the maximum value of the artwork in the agreement. Theproposed
agreement does provide an overall benefit to the community and allows for
the exhibition of significant works of art.
DFA representatives will be in attendance to discuss the proposal in
greater detail. Ms. Lynne Baer will identify the artwork currently
available for loan and the proposed placement. At this time, Ms. Baer has
indicated that two sculptures are available, and it would be at the City
Council's discretion as to the number of pieces to be displayed.
Staff recommends that the city council consider the proposal, provide
direction on whether one or two sculptures should be included, and
authorize the Mayor to execute an agreement based upon the attached
proposal and modified to identify the artwork actually provided.
PSR/lss
a:L127sculp.agenda#8
f) .If B L
r
N
l~'i 1 N 1--' A H T S
):1--, '-
. Q~O
~
F .-) 1f N
.
lJ
.~
1"1
r', ~
j
January 15, 1992
Mayor Peter Snyder
city council Members
city of DUblin
Dublin civic Center
Dublin, CA 94568
Dear Mayor Snyder and city council Members;
The Foundation is pleased to present for approval the
third work art to be loaned to the Dublin Sculpture Park.
The artist, viola Frey, is a highly respected and sought
after artist. She was born in Lodi, California in 1933 and
graduated from the California College of Arts and Craft in
oakland in 1956. She also received a Masters of Fine Arts
from Tulane University, New Orleans, in 1958. Ms. Frey has
spent her entire career exploring the figure in both ceramic
and paintings. She is one of the pioneers in taking clay and
making acceptable for large scale outdoor sculptures. Her
figures have grown in scale and boldness of coloration over
the years.
The large-scale figure of "Leaning Man" and "Standing Man
with Yellow Tie" are typical of her works from the 80s.
Their monumentality and brightly painted surfaces challenge
the viewer's perceptions. Drawn to the sheer size of the
figures (10 feet tall), the viewer experiences both a sense
of familiarity and uneasiness. The figures themselves are
realistically modelled but the application of paint and the
size alters the viewer's relationship to his fellow man.
The figures both impose their presence on the landscape and
invite closer inspection as well as enliven and interact
with their environment. The value of each work is $35,000.
Similar works by Viola Frey are in the permanent
collections of many museums throughout the country; for
example, the Los Angeles Museum of Art, the Oakland Museum,
San Francisco Museum of Modern Art, the Philadelphia Museum
of Art, and the Whitney Museum in New York.
l', o. U 0 \ :! " I :.!. () f B 1.1 '". C.\ j) L; fin
EXHIBIT i
D.U 15
T
J.1
I
N
F
I N
.
E
... 1) T S..
h"\ _.
^Q^
VOV
F () lJ
.
N
I) J\
We would like to place one or both of these works in the
central Courtyard area close to the entrance to the Planning
Department. These pieces have steel plates bolted to the
ground as well as weighted down by cement in the feet.
Again, the Foundation appreciate~the support of the City
Council in our efforts to integrate art into the Community.
Sincerely,
~.I?~
Lynne Baer
Executive Director
cc: Ron Nahas
l' . i). B l) \ :..! IJ I ~ _ Il ~ D 1.1 '\, { \ it ~ ,I II;~
f .,
1
( ,
, 1
'"
VIOLA t.EY
.
BORN:
1933 Lodi, California
EOUCA nON:
1952-53
1953-56
1956-58
Stockton Delta College, Stockton, California
Bachelor of Fine Arts pegree, California College of Arts and Crafts, Oakland, California
Milster of Fine Arts Degree, Tulane University, New Orleans, Louisiana
TEACHING:
1970 Professor of Art, California College of Arts ilnd Crafts, Oakland, California
AWARDS:
1978 Nationn] Endowment for the Arts, Artist's Fellowship Grant
1986 1986 A wards of Honor, The Arts Commission of San Francisco, Sculpture
National Endowment for the Arts, Artist's Fellowship Grant in Sculpture
..~\'
j
,
11
"~
..~
't'l
;1
:j
}t
'~
'.~I
;
1
4
.~j
ONE-PERSON EXHIBITIONS:
1974 Wenger Gallery, San Francisco, California.
1975 Hank Baum Gallery, San Francisco, California and Hank Bi:wm Gallery, Century City,
California.
Wenger Gallery, La Jolla, California.
1977 Wenger Gallery, La Jolla, California.
1980 Quay Gilllery, San Fmncisco, California.
;~
1981 Viola Frey: A Ref rospectipc, Crocker Art Museum, Sacramento, California. Exhibition
traveled through 1984 to the Oakland Museum, Oakland, California; Sheehan Gallery,
WhitI11i'1l1 College, Walla Walla, Washington; Blanden Memorial Art Gallery, Fort Dodge,
Iowa; St. Louis Museum of Art, St. Louis, Missouri; Illinois State University, Normal,
Illinois; Huntsville Museum of Art, Huntsville, Alabama; and Arizona Stilte University,
Tempe, Arizona. Catalogue.
~:
.:..:~. .
.,~ -
1982
Viola Frey: Figures, Fullerton Art Gallery, Calfornia State University, Fullerton, California.
Mark Twain Bank, Kansas City, Missouri.
'"
1983
Viola Frey, The Charles H. Scott Gallery, Emily Carr College of Art, Granville Island,
Vancouver, Canada.
Quay Gallery, San Francisco, California. Catalogue.
.
;~
<
-,'
"\!
1984
Asher I Faure Gallery, Los Angeles, California.
Greenberg Gallery, St. Louis, Missouri.
Whitney Museum of American Art, New York, New York. Brochure.
It's All Part of the Clay: Viola Frey, Goldie Paley Gallery, Moore College of Art,
Philadelphia, Pennsylvania. Exhibition travelled to Pittsburgh Center for the Arts,
Pittsburgh, Pennsylvania; Erie Art Museum, Erie, Pennsylvania. Catalogue.
:(
EXHIBil ;L
25
.
.
ONE-PERSON EXHIBITIONS nllllilllled
"1' .,
1985
Viola Frey, Rena Bransten Quay Gallery, San Francisco, California.
(,~ '
'_I.
1974 Baroque, Museum of Contemporary Crafts, New York, New York.
1986 Asher /Faure Gilllery, Los Angeles, California.
1987 Nancy Hoffman Gilllery, New York, New York.
Viola Frey: A Bricolellr of the 20lh Celllllry, rilcific Bell, San Ramon, California.
1988 Rena Bransten Gallery, San Francisco, California.
Asher/Faure Gallery, Los Angeles, California.
1989 Nilncy Hoffman Gilllery, New York, New York.
1990 Rena Bransten Gallery, San Francisco, California. Catalogue.
GROUP EXHIBITIONS:
1961 Califorllia Craftsmell Biennial, Oakland, California.
Americall Craftsmell, University of lllinois, Urbana, I\linois.
Sail Fralzcisco Potters, De Young Museum, San Francisco, California.
Richmond Art Center, Richmond, California.
1962 Yo/lIlg Americal1s, ,Museum of Contemporary Crafts, New York, New York.
StJll FrtJIlcisco Potters, De Young Museum, San Francisco, California.
Richmond Art Center, Richmond, California.
Crocker Art GilUery, Sacfilmenlo, California.
1963 Emergellce, Museum of Contemporary Crafts, New York, New York.
Richmond Art Gallery, Richmond, California.
1964 Richmond Art Gallery, Richmond, California.
1965 Crocker I11pitali01wl, Crocker Art Museum, Silcramento, Californiil.
Sail Frallcisco Potters, De Young Museum, San Francisco, California.
Borkeramic Gallery, Chicago, I\linois.
1966 Lincoln Square Gallery, Oilkland, Cillifornia.
College of the Holy Names, Oakland, Californiil.
Sail Fral1cisco Potters, De Young Museum, San Francisco, California.
1967 Crafts Today, I, Museum West, San Francisco, California.
Phelall Competitiol1, Legion of Honor, San Francisco, California.
Call temporary Crafls, Portland, Oregon.
1968 Media '68, Walnut Creek Art Center, Walnut Creek, California.
Califomia Oesigll, University of California at Davis, Davis, California.
Craft SIIOlt', Zellerbach, San Francisco, California.
Facility Show, California College of Arts and Crafts, Oakland, California.
College of Notre Dame, Belmont, California.
1973 Opklalld Myths, Wenger Gallery, San Francisco, California.
26
.
GROUP EXHIBITIONS continI/cd
.
1989 Raill of Taif'lIt: Umbrella I\rt, The Fabric Workshop, Philadelphia, Pennsylvania.
Slimmer Pif'asl/res: Water, Nil11CY Hoffman Gilllery, New York, New York.
1990 Nntiollal Drawill,r,: llll'itatiollal, The Arknnsas Arts Center, Little Rock, Arkansas, Catalogue.
PUBLIC COLLECTIONS:
The Arknnsas Arts Center, Little Rock, Arknnsas
Contemporary Arts Center, Honolulu, Hawaii
The Detroit Institute of Arts, Detroit, Michigan
Everson Museum of Art, Syracuse, New York
Los Angeles County Museum of Art, Los Angeles, California
Manufilcture de Sevres, Paris, France
Minneapolis Institute of the Arts, Minneapolis, Minnesota
Oakland Museum, Oakland, California
Philadelphia Museum of Art, Philadelphia, Pennsylvilniil
Philip Morris, New York, New York
Prudential Life Insurance Company, Newark, New Jersey
The Saint Louis Art Museum, St. Louis, Missouri
San Francisco Museum of Modern Art, San Francisco, California
J. B. Speed Art Museum, Louisville, Kentucky
Whitney Muse,um of American Art, New York, New York
:~....
,\,",,"
.::~'.
:l,
,;."/
30
.
.
AGREEMENT
This AGREEMENT is made and entered into as of the day
of , 1992 by and between THE DUBLIN FINE ARTS
FOUNDATION (hereinafter called the "DFAI'), viola Frey
(hereinafter called "ARTIST"), and the City of Dublin, a
municipal corporation (hereinafter called the "CITY").
WITNESSETH:
WHEREAS, CFA desires to arrange for the temporary display of
a large ~cale work of art at the DUblin Civic Center; and
WHEREAS, the display is part of a eo~prehensive program
which will include educational services; and
WHEREAS, OFA 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. Consiqnrnent of Sculpture
A. ARTIST aqrees to deliver to DPA, for exhibition and
gale purposes, a ceramic Sculpture titled " "
("Sculpture") which has approximate dimensions of 10 feet in
height and 4 feet wide.
B. Th. ARTIST agrees that the fair market value of the
Sculpture does not exoeed (Thirty Five Thousand Dollars) $35,000.
c. The parties agree that ~hi6 Agreement shall be
construed in aecordance with sections 1738, ~ ~ 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 Resoonsibilities
A. ARTIST shall be responsible for the safe and secure
installation of the Sculpture. Said wo~k of installation shall
be coordinated with CITY to avoid damage to underground utilities
and other CITY facilities.
Jllmary 22, 199Z
114\agr..\fnartfry.oh,
:t
EXHIBIT 3
.
.
B. ARTIST shall personally supervise the installation of
the Seulpture.
c. ARTIST agrees to personally pa~ticipate in a community
educational program, which shall be arranged by DFA.
D. ARTIST hereby expressly warrants that ARTIST i8 the
OWner of the desoribed Sculpture or is the legal representative
of, or has express authority to act as, the agent for the owner
in conneotion with the consignment hereby made.
3. DFA Riahts and Responsibilities
A. DFA shall pay all costs associated with the
transportation of the Sculpture from Oakland, California, to the
DUblin civic Center, the costs of installation of the Sculpture.
B. DFA shall pay all costs associated with the removal of
~ha Sculpture if the City or DFA request removal. This shall
inelude the costa of transporting the Sculpture to the location
it Was oriqinally transported from in Section 3(A). If the
Sculpture is moved pursuant to section 4(B) Artist shall pay all
costs associated with removal.
c. CFA shall have the right to photograph and record the
Sculpture 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 Ohe year
followinq 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 1n Section
4(B).
a. If the ARTIST sells the Sculpture during any
conaiqnment period pursuant to this Agreement, the Sculpture may
be ~emoved pursuant to the following conditions:
1) ARTIST shall coordinate the removal with CITY to
avoid any damage to CITY facilities.
2) If Soulpture
within six months following
shall reimburse DFA for all
to section 3(A).
is removed pursuant to this section
the date of installation, Artist
installation costs inourrea pursuant
~anuary 22, '992
'14\agr..\1nartfry.~a
2
~
.
.
3) All costs identified in section 3(B) and
associated with the removal shall become the responsibility of
the ARTIS'!'.
4) A oommission equal to ten percent (lot) of the
sales prioe shall be paid to DFA if the work is sold while on
exhibit at the Dublin Civic Center.
5. Slans
A. Any siqns 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 associatad with constructing and installing
any approved sign shall be the responsibility of DFA.
6. Insurance
A. The CITY maintains liability insurance coverage which
inoludes CITY facilities and grounds. CITY agrees to maintain
suoh liability insurance coverage during the term of this
consignment and to name OFA as an additional insured under such
coverage.
B. CITY maintains property insurance coverage which i$
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. ARTtST agrees that the limit of liability tor said
coverage is limited to $100,000 (One Hundred Thousand Dollars)
per occurrence aggreqate. city may have other artwork covered
under said insurance coverage aggregate limit. said insurance
ooverage would be in effect upon installation of the Sculpture
and would remain in effeot until the end of the consignment
period.
c. If ARTIST maintains any form of liability or property
damage insuranee coveraqe, 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. Defeots or Damage
A. The ARTIST shall guarantee that, upon installation, the
Sculptur. i5 free of all defects in its design or workmanship.
If, at any time during the consignment periOd, any defects
attributable to normal wear and tear are observed, ARTIST shall
J.nuary 22, 1992
114\..,..\fnartfry.ena
3
R
- -. .
~
.
.
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 destruotion of the
Soulpture 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, but in no
event shall the fair market value exceed $35,000. The cost of
the qualified art appraiser shall be borne equally by the City
and the Artist.
D. OPA 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.
8. Notice
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
Jlnutry 22, 1992
114\.gr..\fn8rtfry.eha
4
.
.
To CITY at:
city Manager
City of DUblin
100 civic l?laza
P. O. BoX 2340
Dublin, CA 94568
To ARTIST at:
viola Frey
1089 Third Street
Oakland, CA 946__
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals to this Agreement on the date first written.
The Dublin Fine Arts Founda~ion
The city of Dublin
BY
BY
Peter w. snyder, Mayor
Ron Nahas, President
Artist
Attest:
BY:
viola Frey
Kay KecK, City Clerk
J.nuary 22, 1992
114\8gr..\fnartfry.eht
5
T
, .
.
.
~
F(to ~o~t..'.)
fo~ \Ji,,\b.. Fr,
L 0 c::..c>- -\- ~ 1)1'.. ~
Sc..~ \~ + \IreS
.
o \\vt,
\ 0 -<r:}t;'
C::l-~~Y
~
"'
o 0
02
miil
(f)~
C5~
Zo
00
m~
<""'
m-
r:n
Om
""05;
?fi;.'J
~~
~:
IV)
;\ '\ '\
- !""I 'I
r'" ~~, I
.;. ~~
1i ~'
': ~ '
:~: i
t' I.
,
DUBLIN .
CIVIC CENTER
c\t~
o~;c.~
o
o
o
, I ,t, i ..~
1 II ...... ~!r l;g
I III ...: 'P ~~
II' 1:'1.': ~ti I' ~'"
I I I ,... . -'"
Ii; I , . i :::ill
.,
EXHIBIT If