1991-106-Accepting A Sculpture From Eric Ziemelis As A LoanRESOLUTION 1991-106
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING A SCULPTURE FROM
ERIC ZIEMELIS AS A LOAN
WHEREAS, the artist Eric Ziemelis has offered a recently
completed marble art sculpture to the Town; and
WHEREAS, Town Council wishes to encourage the placement
of art in public places; and
WHEREAS, the Arts Commission has recommended to the
Council that the artwork be accepted as a loan; and
WHEREAS, the Park Commission has approved placement of
the sculpture at the Civic Center Complex; and
WHEREAS, a loan receipt has been prepared and is attached
as Exhibit A.
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NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS: that it authorizes the Town Manager
to execute the loan receipt attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 2Oth day
of May, 1991, by the following vote:
COUNCIL MEMBERS:
AYES:
Randy Attaway, Joanne Benjamin, Steven Blanton,
Eric D. Carlson, Mayor Brent N. Ventura
NAYES: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
ATTEST:
//YlG L-L.2!
CLERK OF THE TOWN OP`LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS052091.R00
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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TOWN OF LOS GATOS
CONDITIONS REGARDING LOANS
MARBLE ART SCULPTURE - RESOLUTION 1991-106
1. Unless otherwise agreed to below by the Depositor, the Town will exercise
the same care with respect to the work(s) of art referred to on the face
of this Receipt (the "work(s)") as it does in the safekeeping of comparable
property of its own.
The Depositor hereby releases the Town from all liability with
respect to any loss or damage to the object(s) referred to on the
face of this Receipt while in its possession or in transit and agrees
that the Town shall not cover such object(s) with insurance.
EXHIBIT A (Attached)
ERIC ZIEMELIS MAY 22, 1991
DEPOSITOR DATE
2. Objects accepted by the Town as loans will not be returned to anyone other
than the owner except upon receipt of written order from the owner or his
duly authorized agent or legal representative.
3 In the case of death of an owner, the legal representative of the deceased
is requested to notify the Los Gatos Town Council as soon as possible,
giving his or her full name and address in writing.
4. Unless the Town is notified in writing to the contrary, the work(s) may
be photographed and reproduced for its private purposes. The Town assumes
the right, unless specifically denied by the Depositor, to examine the
work(s) by all modern photographic means available, and it is understood
and agreed that information thus gathered will remain confidential and will
not be published without the written consent of the Depositor.
5. The Town may request the return of any property deposited with it by
written notice directed to the Depositor. If the Town, after making all
reasonable efforts and through no fault of its own, shall be unable to
return the work(s) within sixty days of such notice, then the Town shall
have the absolute right to place the work(s) in storage, to charge removal
fees and costs. If, after one year, the work(s) have not been reclaimed,
then, in consideration for its storage, and of safeguard during such
period, the work(s) shall be deemed an unrestricted gift to the Town.
6. Depositor agrees to execute a hold harmless agreement with the Town.
7. The Town of Los Gatos will not, and shall not be required to carry any
insurance against loss or destruction of or damage to such item. The Town
of Los Gatos will not be required to exercise greater precautions for the
care and the safety of such objects than it exercises with respect to its
own property of same or similar nature.
8. Depositor is to locate piece in the general area shown as location #1 in
Exhibit A.ii of Attachment 1.
9. Installation of sculpture and lighting be paid for by Don Borcea, agent
for the sculptor.
10. Depositor agrees to allow work to be moved at the discretion of the Town.
11. Depositor agrees to maintain work.
12. The Town of Los Gatos has the right to return the piece to the Depositor
if the Depositor fails to meet any of the conditions herein.
13. The Depositor agrees to coordinate with Town Staff with regard to the
following safety requirements: determining an acceptable method of
attaching the two large pieces of marble to one another, securing the
sculpture to the base, placement of the external rails to minimize safety
concerns, and proper engineering of the base to hold the art work.
APPROVED AS TO FORM:
ACTING TOWN ATTORNEY DATE
DEPARTMENT APPROVAL:
COMMUNITY SERVICES
MAYOR OF THE TOWN OF LOS GATOS
BRENT N. VENTURA, MAYOR
DEPOSITOR:
ERIC ZIEMELIS DATE
ATTEST:
May 1991
csd09;A:\Contract\loans.ZEM MARIAN V. COSGROVE
CLERK OF THE TOWN OF LOS GATOS
DATE
Exhibit A.ii.
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Lxhibit A
TOWN OF LOS GATOS
LOAN RECEIPT
(Please fill out all applicable areas in block letters.)
DATE: MAY 22, 1991
FROM: Eric Ziemelis
ADDRESS: 812 Coventry Court Sunnyvale CA 94087
PHONE: 970-9565
TERM OF LOAN: FROM June 1991 TO June 30 1996
I have read and understood the attached "Conditions Regarding Loans."
RECEIVED FROM: (Depositor):
RECEIVED BY:
ERIC ZIEMELIS
ARTIST: Eric Ziemelis TITLE OR DESCRIPTION
"EOLIAN" BY ERIC ZIEMELIS: COMPLETED JANUARY 1991. 12' HIGH; 13 1/2' HIGH
INCLUDING BASE; 9' WIDE- 3' IN DEPTH, EXCLUDING BASE• WEIGHT IS 3,500 LBS.
MATERIALS INCLUDE CALIFORNIA GREY MARBLE, POWDER COATED STEEL AND WHITE CEMENT.
VALUE: TOTAL $25 000*
*Appraisal has not been obtained by the Town.
December, 1988
CSD09:A:\Contract\LnRecept 1EM