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HomeMy WebLinkAboutItem 4.07 DFA-BentonCITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 16, 2001 SUBJECT: Amendment to Agreement for the Temporary Display of Sculpture at the Dublin Civic Center. Report by: Diane Lowart, Parks & Community Services Director ATTACHMENTS: Fourth Amendment To Extend Time - Steel Watercolor No. 99 RECOMMENDATION: Cd/b4X'Xuthorize Mayor to Execute Amendment FINANCIAL STATEMENT: None DESCRIPTION: The City of Dublin currently has a sculpture on loan from KLMLP, LP (formerly Kemper Real Estate Management Company). The sculpture "Steel Watercolor #99" is a 22 1/2 foot tall sculpture by bay area artist, Fletcher Benton. The agreement terms for Steel Watercolor #99 agreement have expired but there are provisions for extension upon written approval of all parties to the agreements. KLMLP, LP and Dublin Fine Arts Foundation have indicated a desire to extend the loan for an additional year. Attachment A is the amendment to the agreement prepared by the City Attorney. The amendment provides for a one year extension. It is recommended that the City Council authorize the Mayor to execute the amendment. G:\dfafXmiscella\ccO 1 est.doc COPIES TO: KLMLP, LP Dublin Fine Arts Foundation ITEM NO. FOURTH AMENDMENT TO EXTEND TIME This fourth Amendment to Extend Time entered into as of the day of ,2001, 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 Third Amendment to Extend Time dated December 31, 1999. 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 consignment 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 consignment term for an additional one year period; and WHEREAS, a Third Amendment to Extend Time dated December 31, 1999 was entered into by the parties to the March 26, 1996 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 "Steel Watercolor No. 99" 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 original Agreement regarding consignment of the sculpture, the fights 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 Fourth Amendment to Extend Time on the date first written above. Fourth Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation Page 1 of 2 December 19, 2000 DUBLIN FINE ARTS FOUNDATION By: President CITY OF DUBLIN ATTEST: By: By: Mayor City Clerk Its: KLMLP, LP Fourth Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation Page 2 of 2 December 19, 2000