HomeMy WebLinkAboutItem 4.09 Steel Watercolor CITY CLERK
File # ~-1 (~H ~JJ~'J~ o J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 16, 2004
SUBJECT: Amendment to Agreement for the Temporary Display of Sculpture at
Dublin Civic Center
Report by Theresa Yvonne, Heritage & Cultural Arts Supervisor
ATTACHMENTS: 1. Fifth Amendment to Extend Time - Steel Watercolor No. 99
RECOMMENDATION: ~,/~?~AAuthorize 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
½ foot tall sculpture by bay area artist, Fletcher Benton.
The agreement terms for Steel Watercolor No. 99 have expired but there are provisions for extension upon
written approval of all parties to the agreements. KLMLP, LP and the Dublin Fine Arts Foundation have
indicated a desire to extend the loan for an additional two years.
Attachment 1 is the amendment to the agreement. The amendment provides for an extension until the
year 2006 and additionally, authorizes the City Manager to further extend the consignment term for up to
two additional two year periods upon written request from both the Dublin Fine Arts Foundation and
KLMLP, LP.
RECOMMENDATION: Staff recommends that the City Council authorize Mayor to execute
amendment.
COPIES TO: KLMLP, LP/Dublin Fine Arts Foundation
ITEM NO.
G:\COUNCIL~Agenda StatementsX2004X3-16 steelwater #99 loan.doc
FIFTH AMENDMENT TO EXTEND TIME
This Fifth Amendment to Extend Time entered into as of the day of
., 2004, 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 "City"),
amending the Agreement dated March 26, 1996, the First Amendment to Extend Time
dated May 6, 1997, the Second Amendment to Extend Time dated July 7, 1998, the Third
Amendment to Extend Time dated December 31, 1999 and the Fourth Amendment to
Extend Time dated January 16, 2001.
RECITALS
WHEREAS, the Agreement dated March 26, 1996 was entered into the DFAF,
the City and Kemper Real Estate Management Company £or the consignment of the
sculpture titled "Steel Watercolor No. 99", and
~ WHEREAS, a First Amendment to Extend Time dated July 7, 1998 was entered
into by the parties to the March 26, 1996 Agreement and provided £or 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 o£the consignment term for an additional one year period; and
WHEREAS, a Fourth Amendment to Extend Time dated January 16, 2001 was
entered into by the parties to the March 26, 1996 Agreement and provided for an
extension o£the consignment term for an additional one year period; and
WHEREAS, the parties to this Fifth Amendment to Extend time wish to extend
the consignment term for an additional two 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 £or an additional two
year period from the date of execution o£this Fifth
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)
Fifth Amendment to Extend Time 3/4/2004
Between City of Dublin and Dublin Fine Arts Foundation
ATTACHMENT 1
year periods upon written request from both DFAF and
KLMLP, LP.
3. All provisions, terms, and covenants of the Fourth
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 Fifth
Amendment to Extend Time on the date first written above.
DUBLIN FINE ARTS FOUNDATION
By:
President
CITY OF DUBLIN ATTEST:
By: By:
Mayor City Clerk
KLMLP, L.P.
By:
President
~ts: