HomeMy WebLinkAboutItem 4.03 Sisyphus AgmtAmend CITY CLERK
File # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 3, 2002
SUBJECT: Amendment to Agreement for the Temporary Display of Sculpture
at the Dublin Civic Center.
Report by Theresa Yvonne, Heritage & Cultural Arts Supervisor
ATTACHMENTS: 1. SecOnd Amendment to Extend Time
RECOMMENDATION:. ~ 0~/~ ~ Authorize Mayor to Execute Amendment
FINANCIAL STATEMENT: None
DESCRIPTION: The City of Dublin currently has two large sculptures on loan. The first sculpture is
"Steel Watercolor #99" a 22-½ foot tall sculpture by bay area artist, Fletcher Benton on loan from
KLMLP, LP (formerly Kemper Real Estate Management Company). The second sculpture is "Sisyphus",
a 96" by 40" diameter Corten Steel sculpture by bay area artist Roger Berry.
The agreement terms for "Sisyphus" have expired but there are provisions for an extension upon written
approval of all parties to the agreement. Roger Berry, the artist and Dublin Fine Arts Foundation have
indicated a desire to extend the loan for an additional two years.
Attachment 1 is an amendment to the agreement for "Sisyphus". The amendment provides for a two-year
extension and authorizes the City Manager to execute up to two additional two-year extensions.
It is the recommendation of Staff that City Council approve the Second Amendment to Extend Time.
COPIES TO: Dublin Fine Arts Foundation
Roger Berry
G:XDFAFWIISCELLA\9-3-02 art amendments.doc
SECOND AMENDMENT TO EXTEND TIME
This SECOND AMENDMENT TO EXTEND TIME amends the Agreement entered between the
DUBLIN FINE ARTS FOUNDATION, a non-profit corporation (hereinafter called DFAF), Roger Berry
(hereinafter called "ARTIST" and the CITY OF DUBLIN, a municipal corporation, on November 13,
2000 for the temporary display of a large scale sculpture titled "Sisyphus" on the Dublin Civic Center
grounds.
WITNESSETH:
WHEREAS, the original Agreement provided for the display of"Sisyphus" 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 two (2) 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
two year extensions.
NOW, THEREFORE, in exchange for mutual consideration the receipt and value of which is
hereby acknowledged, the parties agree to a SECOND AMENDMENT TO EXTEND TIME as follows:
1. The ARTIST agrees to extend the consignment term of the "Sisyphus" sculpture to the
DFAF for an additional two (2) year period from the date of execution of this SECOND AMENDMENT
TO EXTEND TIME.
2. City Council authorizes the City Manager to further extend the consignment term for up to
two (2) additional two (2)-year periods upon written request from both DFAF and the ARTIST.
3. 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 the
consignment.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this SECOND
AMENDMENT TO EXTEND TIME to the Agreement on this sixth day of September 2002.
DUBLIN FINE ARTS FOUNDATION, CITY OF DUBLIN,
a non-profit corporation, a municipal corporation.
By: By:
President Mayor
ROGER BERRY ATTEST:
By: By:
Artist City Clerk
APPROVED AS TO FORM:
By:
ATTACHMENT 1 City Attorney