HomeMy WebLinkAbout4.06 Sirius &SteelWatercolCITY CLERK FILE # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 21, 1999
SUBJECT:
Amendment to Agreements for the Temporary Displays of Sculpture
at the Dublin Civic Center.
Report by: Diane Lowart, Parks & Community Sen,ices Director
ATTACHMENTS:
1. Third Amendment To Extend Time - Steel Watercolor No. 99.
2. Fourth Amendment to Extend Time. Sirius
RECOMMENDATION:~,
FINANCIAL STATEMENT:
~.QAAg"Authorize Mayor to Execute Amendments
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 Voulkos, and
,Steel Watercolor #99" a 22 1/2 foot tall sculpture by another bay area artist, Fletcher Benton.
f" 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.
Attachments A and B are amendments to the agreements prepared by the City Attorney. The amendments
provide for one year extensions.
It is recommended that the City Council authorize the Mayor to execute the amendments.
COPIES TO:
G:\dfafimiscella\cc99est.doc
KLMLP, LP
Dublin Fine Am Foundation
ITEM NO.
THIRD AMENI)MENT TO EXTEND TIME
This third Amendment to Extend Time entered into as of the day of
,1999, 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 and the Second Amendment to Extend Time
dated July 7, 1998.
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 consig-nment
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
consigrtment term for an additional one year period; 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 "Steel Watercolor No.
99" sculpture for an additional one year period from the date of execution of this Third
Amendment to Extend Time.
2. All provisions, terms, and covenants of the Second Amendment to Extend Time
and the ori~nal Agreement regarding consig-nment of the sculpture, the rights and
responsibilities of the parties, the term of the consig-nment, 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 Third Amendment to
Extend Time on the date first written above.
Third Amendment to Extend Time
Between City of Dublin and Dublin Fine Arts Foundation
Page 1 of 2
December 21, 1999
A TT A C,,I--IM~,NT I
DUBLIN FINE ARTS FOUNDATION
By:
President
CITY OF DUBLIN
ATTEST:
By: By:
Mayor
City Clerk
KLMLP, LP
By:
Its:
Third Amendment to Extend Time
Between City of Dublin and Dublin Fine Arts Foundation
Page 2 of 2
December 21, 1999
FOURTH AMENDMENT TO EXTEND TIME
This Fourth Amendment to Extend Time entered into as of the day of
,1999, by The Dublin Fine Arts Foundation, a non-profit corporation
(hereinafter called "DFAF"), KLMLP, LP, a Delaware limited parmership (hereinafter called
"KLMLP"), and the City of Dublin, a municipal corporation, (hereinafter called "City"),
amending the Agreement dated August 24, 1994 and the Third Amendment to Extend Time
dated July 7, 1998.
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, a Second Amendment to Extend Time dated May 6, 1997 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, a Third Amendment to Extend Time dated July 7, 1998 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 parties to this Fourth 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 Fourth Amendment to Extend Time.
2. All provisions, terms, and covenants of the Third Amendment to Extend Time and
the ori~nal A~eement regarding consignment of the sculpture, the rights and responsibilities of
the parties, the term of the consignment, sig-ns, 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 Fourth Amendment to
Extend Time on the date first written above.
Fourth Amendment to Extend Time
. Between City of Dublin and Dublin Fine Axts Foundation
ATTACHMENT 9
Page 1 of 2
December 21, 1999
DUBLIN FINE ARTS FOUNDATION
By:
President
CITY OF DUBLIN
ATTEST:
By: By:
Mayor
City Clerk
KLMLP, LP
By:
Its:
Fourth Amendment to Extend Time
. Between City of Dublin and Dublin Fine Arts Foundation
Page 2 of 2
December 21, 1999