HomeMy WebLinkAboutItem 4.05 AmendTempDisplySirius (2)
CITY CLERK
File # D~[Q][(2]-[3J[Q]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 9, 1996
SUBJECT:
Amendment to Agreement for the Temporary Display of "Sirius"
Report Prepared by: Diane Lowart, Parks & Community Services
Director
EXHIBITS ATTACHED:
First Amendment To Extend Time
RECOMMENDATION:
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FINANCIAL STATEMENT: None
~A) Authorize Mayor to Execute Ameudment
DESCRIPTION: At the August 8, 1994 meeting of the City Council, the Council
approved an agreement for the temporary placement of a large scale sculpture titled "Sirius" on the Dublin
Civic Center grounds. The sculpture, owned by the Kemper Real Estate Management Company, is a 47'
.:bY 18' bronze sculpture created by internationally known bay area artist Peter V oulkos.
The agreement was for a term of one year but contained a provision for extension upon written approval
of all parties to the Agreement. Both the Dublin Fine Arts Foundation and the Kemper Real Estate
Management Company have indicated a desire to extend the loan for an additional year.
Attached in Exhibit A is an amendment to the agreement prepared by the City Attorney. The amendment
provides for a one year extension of the agreement and, additionally, authorizes the City Manager to
further extend the consignment term for up to two additional one year periods upon written request from
both the Dublin Fine Arts Foundation and Kemper Real Estate Management Company.
It is recommended that the City Council authorize the Mayor to execute the amendment.
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COPIES TO: Kemper Real Estate Management Company
Dublin Fine Arts Foundation
ITEM NO. 4.,
F Id fa f-m isclccsrus 19 .doc
FIRST AMENDMENT TO EXTEND TIME
This FIRST AMENDMENT TO EXTEND TIME amends the Agreement entered between the
DUBLIN FINE ARTS FOUNDATION, a non-profit corporation, KEMPER REAL ESTATE
MANAGEMENT COMPANY, and the CITY OF DUBLIN, a municipal corporation, on August 24,
1994, for the temporary display of a large scale sculpture titled "Sirius" on the Dublin Civic Center ._
grounds.
WITNESSETH:
WHEREAS, the original Agreement provided for the display of "Sirius" for a one (1) year term of
consignment following the date of installation; and
WHEREAS, the original Agreement provided that the parties may extend the consignment term upon
written approval of all parties to the Agreement; and-
WHEREAS, the parties desire to extend the consignment term for an additional one (1) year period
pursuant to the terms and conditions in the original Agreement; and
WHEREAS, the City Council desires to allow the City Manager to execute up to two additional one
year extensions.
NOW, THEREFORE, in exchange for mutual consideration the receipt and value of which is hereby
acknowledged, the parties agree to a FIRST AMENDMENT TO EXTEND TIME as follows:
1. KEMPER REAL ESTATE MANAGEMENT COMPANY agrees to extend the
consignment term ofthe "Sirius" sculpture to the DUBLIN FINE ARTS FOUNDATION for an
additional one (1) year period from the date of execution ofthis FIRST AMENDMENT TO EXTEND
TIME.
2. City Council authorizes the City Manager to further extend the consignment term for up
to two (2) additional one (1) year periods upon written request from both DUBLIN FINE ARTS
FOUNDATION and KEMPER REAL ESTATE MANAGEMENT COMPANY.
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3. All provisions, terms and covenants of the original Agreement regarding consignment of
the sculpture, the rights and responsibilities ofthe parties, the term of the consignment, signs,
insurance, defects 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 hands and seals to this FIRST
AMENDMENT TO EXTEND TIME to the Agreement on this _day of January, 1996.
DUBLIN FINE ARTS FOUNDATION,
a non-profit corporation.
CITY OF DUBLIN,
a municipal corporation.
By:
President
By:
Mayor
KEMPER REAL ESTATE MANAGEMENT COMPANY
ATTEST:
By:
President
By:
City Clerk
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APPROVED AS TO FORM:
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By:
City Attorney