HomeMy WebLinkAboutItem 4.06 AmendAgmtDisplaysSculpture (2)
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CITY CLERK
File # D[lQ[l1J~-l3J[o]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 6,1997
SUBJECT:
Amendment to Agreements for the Temporary Displays of Sculpture
at the Dublin Civic Center. Report by: Diane Lowart, Parks &
Community Services Director
EXHIBITS ATTACHED: A. First Amendment To Extend Time - Steel Watercolor No. 99
B. Second Amendment to Extend Time - Sirius
RECOMMENDA nON: {1V.rA- Authorize Mayor to Execute Amendments
FINANCIAL STATEMENT: None
DESCRIPTION: The City of Dublin currently has two large scale sculptures on loan
from KLMLP, LP (formerly Kemper Real Estate Management Company). The sculptures include
"Sirius" a 47' by 18' bronze sculpture created by internationally known bay area artist Peter V oulkos, and
"Steel Watercolor #99" a 22 1/2 foot tall sculpture by another bay area artist, Fletcher Benton.
The agreement terms for both agreements have expired but there are provisions for extension upon written
approval of all parties to the agreements. Both the Dublin Fine Arts Foundation and the KLMLP, LP
have indicated a desire to extend the loans for an additional year.
Attached in Exhibit A and B are amendments to the agreements prepared by the City Attorney. The
amendments provide for one year extensions and, additionally, authorizes the City Manager to further
enend the consignment terms for up to two additional one year periods upon written request from both
the Dublin Fine Arts Foundation and KLMLP, LP.
It is recommended that the City Council authorize the Mayor to execute the amendments.
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COPIES TO: KLMLP, LP
Dublin Fine Arts Foundation
4~6
ITEM NO.
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FIRST AMENDMENT TO EXTEND TIME
THIS FIRST AMENDMENT TO EXTEND TIME is made and entered into as of the
_ day of , 1997, by and between the Dublin Fine Arts Foundation, a non profit
corporation (hereinafter called "DF AF"), 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.
RECITALS
WHEREAS, DFAF, The City, and Kemper Real Estate Management Company entered
into an Agreement dated March 26, 1996 for the consignment of the sculpture titled "Steel
Watercolor No. 99"; and
WHEREAS, this sculpture is now owned by KLMLP; and
WHEREAS, the party to this Agreement wish to extend the term of this consignment as
provided for in Section 4A of the March 26, 1996 Agreement.
Now therefore the parties agree as follows:
1. The parties hereto agree to extend the consignment term of the "Steel Watercolor
No. 99" sculpture for an additional one year period from the date of execution of this First
Amendment to Extend Time.
2. All provisions, terms, and covenants of the original Agreement regarding
consignment of the sculpture, the rights and responsibilities of the 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 this consignment.
In witness whereof, parties hereto have set their hand to this First Amendment to Extend
Time.
First Amendment to Extend Time
Between City of Dublin and Dublin Fine Arts Foundation
Page 1 of2
April 8, 1997
DUBLIN FINE ARTS FOUNDATION
By:
President
CITY OF DUBLIN
By:
Mayor
KLMLP, LP
By:
Its:
J:\WPD\MNRSW\114\AGREE\WTRCLRl.AMD
PCW:pcp:rja
-ATTEST:
By:
First Amendment to Extend Time
Between City of Dublin and Dublin Fine Arts Foundation
City Clerk
Page 20f2
April 8, 1997
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SECOND AMENDMENT TO EXTEND TIME
This Second Amendment to Extend Time entered into as of the day of
, 1997, 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 August 24, 1994 and the First Amendment to Extend Time dated
January 9, 1996.
RECITALS
WHEREAS, the Agreement dated August 24, 1994 was entered into by The DFAF, The
City, and Kemper Real Estate Management Company for the consignment of the sculpture titled
"Sirius", and
WHEREAS, a First Amendment to Extend Time dated January 9, 1996 was entered into
by the parties to the August 24, 1994 Agreement and provided for an extension of the
consignment term for an additional one year period; and
WHEREAS, the First Amendment to Extend Time allowed the consignment term to be
extended for two additional one year periods upon written request from both DF AF and Kemper
Real Estate Management Company, and
WHEREAS, the sculpture titled "Sirius" is now owned by KLMLP, and
WHEREAS, the parties to this Second Amendment to Extend Time wish to extend the
consignment term for an additional one year period.
Now therefore the parties agree as follows:
1. The parties agree to extend the consignment term of the "Sirius" sculpture for an
additional one year period from the date of execution of this Second Amendment to Extend
Time.
2. All provisions, terms, and covenants of the First 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 Second Amendment to
Extend Time on the date first written above.
Second Amendment to Extend Time
Between City of Dublin and Dublin Fine Arts Foundation
Page 1 of2
April 8, 1997
DUBLIN FINE ARTS FOUNDATION
By:
President
CITY OF DUBLIN
By:
Mayor
KLMLP, LP
By:
Its:
J;\ WPD\MNRSW\114\AGREE\SIRIUS2.AMD
PCW;pcp;rja
Second Amendment to Extend Time
Between City of Dublin and Dublin Fine Arts Foundation
'-ATTEST:
By:
City Clerk
Page 2of2
April 8, 1997
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