Item 17 Staff Report Adopt Resolution Authorizing the Town Manager to Execute an Agreement Amendment with Artist Eric Ziemelis Extending the Loan of the "Eolian" Sculpture Through June 1999n
MEETING DATE: 4/7/97
ITEM NO. /
COUNCIL AGENDA REPORT
DATE: April 3, 1997
TO: MAYOR AND TO 1► COUNCI
FROM: TOWN MANAGER
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT AMENDMENT WITH ARTIST ERIC ZIEMELIS EXTENDING THE LOAN
OF THE "EOLIAN" SCULPTURE THROUGH JUNE 1999
RECOMMENDATION:
Adopt Resolution Authorizing the Town Manager to execute an agreement amendment with artist Eric Ziemelis
extending the loan of the "Eolian" sculpture through June 1999 (Attachment 1).
BACKGROUND:
As a result of the Town's Public Art Program, nearly 30 pieces of loaned or gifted artwork are on display throughout
Town (reference Attachment 2). Resolution 1992-78 concerning long-term loans, gifts, purchases, and commissions
of artworks for public installation establishes an Art Selection Panel responsible for advising the Arts Commission on
the acceptance of gifts and loans of art to the Town and the renewal or non -renewal of loaned artwork. The Panel met
on November 19, 1996 to consider the status of two sculptures loaned to the Town in 1988 and 1991 (loan agreements
with the artists had expired). The Public Art Subcommittee of the Arts Commission then met in January 1997 to consider
the recommendations of the Art Selection Panel. The recommendations of both groups are outlined below:
Artist/Artwork
Art Selection Panel
Recommendations (11/19/96)
Public Art Subcommittee
Recommendations (2/6/97)
Paul Goreniuc
"A Space Dance
for Peace IV"
Installation: 1988
Extend the loan for a five year period to 2002.
Extend the loan for a two year
period through June 1999.
Eric Ziemelis
"Eolian"
Installation: 1991
Extend the loan for one year, during which time the Arts
Commission should: 1) Develop a plan to acquire a
significant work of art that better suits the Ziemelis site; 2)
Consider accepting the sculpture as a gift to the Town after
the expiration of the loan term if it can be relocated to
another, appropriate site.
Extend the loan for a two year
period through June 1999.
The status of Mr. Goreniuc's loan is discussed in a separate Council Report.
PREPARED BY: Regina A. Falkner, Co
Reviewed by: Attorney Finance
Services Director
Revised: 4/3/97 1:38 pm
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH
ARTIST ERIC ZIEMELIS EXTENDING THE LOAN OF THE "EOLIAN" SCULPTURE THROUGH
JUNE 1999
April 3, 1997
DISCUSSION:
Both artists were contacted by Staff prior to the Panel's November meeting for their views on extending the loan agreements.
Both artists agreed to an extension, should the Arts Commission and Town Council authorize. At its February 6, 1997
meeting, the Arts Commission considered the recommendations of the Public Arts Subcommittee and Art Selection Panel
in extending the two loan agreements. The Commission decided to recommend to Council that both agreements be extended
for a two year period, with the understanding that at the end of this period, the Arts Commission would replace the sculptures
with other artworks obtained through the Public Arts Program (reference Attachment 3). Towards this end, the Arts
Commission agreed to expand the Public Arts Program to increase the number of artworks obtained for public display on
a permanent, temporary, or rotating basis. It was the consensus of the Commission that by extending the loan agreements
for two years instead of five, a more reasonable deadline would be established by which to increase the number of new and
thought -provoking public artworks on display in the Town.
In response to the Arts Commission's recommendation, both artists were mailed Letters of Agreement extending the loan
period through June 1999. In response, Mr. Goreniuc notified the Town that he had recently painted his sculpture red and
would remove it from the front of the Civic Center on June 1, 1997.
Mr. Ziemelis executed the Letter of Agreement and Release of Liability. These document, in addition to the original Loan
Receipt and Conditions Regarding Loans (Attachment 4) dating from May 1991, will remain in full effect through June 30,
1999.
CONCLUSION:
The Art Selection Panel and Public Art Subcommittee provided the Arts Commission with recommendations regarding the
extension of loan agreements with artists Paul Goreniuc and Eric Ziemelis. At its February 6, 1997 meeting, the Arts
Commission decided to recommend to Council that both agreements be extended for a two year period through June 1999.
Eric Ziemelis agreed to the loan extension; Paul Goreniuc will remove his sculpture from the Civic Center on June 1, 1997.
Furthermore, the Arts Commission will work to expand its Public Art Program to increase the number of artworks obtained
for public display and to replace the "Space Dance for Peace IV" sculpture.
ENVIRONMENTAL ASSESSMENTS:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Costs for facilitating Arts Commission projects are included in the Museum/Arts Program (8050). No additional costs are
anticipated as a result of extending the loan agreement with Eric Ziemelis.
Attachments: 1. Draft Resolution Authorizing the Town Manager to Execute an Agreement Amendment with
artist Eric Ziemelis Extending the Loan of the "Eolian" Sculpture through June 1999.
2. Public Art: Gifts and Loans to the Town of Los Gatos
3. Report from Arts Commission Re: Loan Agreements with Paul Goreniuc and Eric Ziemelis
4. Resolution 1991-106 Accepting a Sculpture from Eric Ziemelis as a Loan
Distribution: Town of Los Gatos Arts Commission
Eric Ziemelis, 985 Terra Bella Avenue, Unit C, Mountain View, CA 94043
Art Selection Panel
CSD32:a:\artscotn n\pubart.rpt
Attachment 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
AMENDMENT WITH ARTIST ERIC ZIEMELIS EXTENDING THE LOAN OF THE
"EOLIAN" SCULPTURE THROUGH JUNE 1999
WHEREAS, The Town Council adopted Resolution Number 1991-106, "Accepting a
Sculpture from Eric Ziemelis as a Loan"; and
WHEREAS, The Town Council wishes to encourage the placement of art in public
places; and
WHEREAS, Loan extension has been considered as outlined in Resolution 1992-78
concerning long-term loans, gifts and purchases of artworks; and
WHEREAS, the Arts Commission has recommended to the Council that the loan of
artwork be extended to June 30, 1999; and
WHEREAS, a loan agreement amendment has been prepared and is attached as Exhibit
A.
THEREFORE, BE IT RESOLVED: that The Town Council of the Town of Los
Gatos authorizes the Town Manager to execute the loan agreement extension 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 day of , 199_ by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Attachment 2
PUBLIC ART
GIFTS AND LOANS TO THE TOWN OF LOS GATOS
DATE LENDER/DONOR ITEM (Description/Term)
8/22/85 Lender: Rosanna Radding Number/count: 7 (All works are
not named, but are numbered).
Acrylic on canvas (abstract).
Est. Value: $300 - $800 per.
Artist: Rosanna Radding. Displayed
at the Neighborhood Center (208 E.
Main St.)
12/6/88 Lender: Paul Goreniuc Sculpture: "Space Dance for Peace
IV", 12'x12'x12', 1" thick, Corten Steel
Plate. Est. Value: $50,000. Term of
Loan: 12/8/88 to 12/8/91. Town has
option to buy.
5/22/91 Lender: Eric Ziemelis Sculpture: "Eolian," 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 steel & white
cement. Est. Value: $25,000
(Appraisal has not been obtained by
the Town.)
11/81 Artist: Conrad Szeliga
7-foot by 19-foot acrylic mural in the
Downtown Neighborhood Center
capturing a historic Victorian home
and sculpture of a Los Gatos cat, ...a
"composite' of the Town of Los Gatos.
Est. Value: $1,000 (A $1,000 check
was presented the artist by the Cultural
Resources Commission.)
12/29/88 Donor: Jack Wilson and "Train from Santa Cruz". Oil on
masonite. 48"x48". Est. Value:
$4,500. Artist: Jack Wilson
12/4/89 Donor: Eric & Mimi Carlson "Los Gatos". Watercolor.
36"(w)x29"(h). Est. Value: $250.
Artist: Sara Anderson.
12/3/90
6/91 Donor: Southbay Cablevision
1992
Unknown Donor
Donor: Chrislow's
Donor: Sara Anderson
Unknown Donor
Art displayed in Library stairwell.
Winners of Chamber of Commerce
sponsored contest.
CSDO9B:LISTSIGIFTLGAN.ART Jan. 1996
"Portrait of Billy Jones" Oil painting.
58"x46". Est. Value: $4,500. Artist:
Charles Ward
Oil on masonite. 18"x24". Abstract.
Artist: Bruni
Watercolor. "Old Civic Center"
Artist: Melville Ray (1963). Displayed
at Neighborhood Center (208 E. Main)
Signed print #1/500. Spanish style
home. Artist: Vivian Phillips.
Displayed at Neighborhood Center
(208 E. Main)
Water Color; "Maria's Berry Farm
Water Tower." Artist - Sara
Anderson. Displayed at Parks
Forestry & Maintenance (Miles Ave.)
Oil painting; "Los Gatos Old Mill and
Train;" Artist: J. Gensiracisa.
Displayed at Parks Forestry &
Maintenance (Miles Ave.)
Forbes Mill by Ken Schirle, 1978
McCullough -Jones House by Vivian
Phillips, 1979
The Corner Drugstore by Deborah
Woods, 1980
Miles House by Jack Wilson, 1981
"Honeymoon House" by Armando
Delgado, 1982
Coggeshell-Place Home by Marilyn
Hoffman, 1983
Los Gatos High School by William
Cunningham, 1984
Sacred Heart Novitiate by Ruth
McNamara, 1985
Old Town by Patricia Young, 1986
Leo & Leona by Eleanor Stoffel, 1987
Attachment 3
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
Date: March 26, 1997
To: Mayor and Town Council
From: Arts Commission
SUBJECT: Loan Agreements with Artists Paul Goreniuc and Eric Ziemelis
Recommendation:
1) Extend loan agreements with artists Paul Goreniuc and Eric Ziemelis through 1999; and
2) Expand the Public Arts Program to increase the number of artworks loaned, gifted, or purchased by the Town to prepare
for the replacement of the Goreniuc and Ziemelis sculptures in 1999.
Background:
Resolution 1992-78 concerning long-term loans, gifts, purchases, and commissions of artworks for public installation establishes
an Art Selection Panel responsible for advising the Arts Commission on the acceptance of gifts and loans of art to the Town and
the renewal or non -renewal of loaned artwork. The Panel met on November 19, 1996 to consider the status of two sculptures loaned
to the Town in 1988 and 1991. The following table presents the Arts Selection Panel's recommendations to the Arts Commission:
Artist
Artwork
Date/
Install
Art Selection Panel Recommendation
Paul Goreniuc
"A Space Dance for Peace IV"
1988
At the Artist's request, extend the loan for a five year period.
Eric Ziemelis
"Eolian"
1991
Extend the loan for one year, during which time the Arts
Commission should:
I . Develop a plan to acquire a significant work of art that better
suits the Ziemelis site;
2. Consider accepting the sculpture as a gift to the Town after
the expiration of the loan term if it can be relocated to another,
appropriate site.
Both artists were contacted by Staff prior to the Panel's November meeting for their views on extending their loan agreements with
the Town. Both artists agreed to an extension, should the Arts Commission and Town Council authorize.
Discussion:
At its February 6, 1997 meeting, the Arts Commission considered the recommendations of the Public Arts Subcommittee and the
Art Selection Panel in extending the two loan agreements. The Commission decided that both agreements should be extended for
a two year period, with the understanding that at the end of this period, the Arts Commission would replace the sculptures with other
artworks obtained through the Public Arts Program. Towards this end, the Public Arts Subcommittee agreed to expand the Public
Arts Program to increase the number of artworks obtained for public display on a permanent, temporary, or rotating basis. It was
the consensus of the Commission that by extending the loan agreements for two years instead of five, a more reasonable deadline
would be established by which to increase the number of new and thought -provoking public artworks on display in the Town.
CSD32:a:\artscomm\pubart.tcr
Attachrnent 4
RESOLUTION 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.
CSD08:A:\RESOS\C5052091.R00
1
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 20th 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:
/s/ Brent N. Ventura
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CS008:A:\RESOS\C5052091.R00
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
TOWN. OF LOS GATOS
Exhibit 8
LOAN P..ECEI T
(Please fill out all applicable areas in block letters.)
DATE: MAY 22, 1991
FROM: Eric Ziemelis
ADDRESS: 812 Coventry Court_, Sunnyvale. CA 9/1087
?HONE: 970-9565
TERM OF LOAN: FROM June 1991 TO June 30, 1996
1—have read and understood :he attached "Conditions Regarding Loans."
RECEIVED FROM: (Depositor):
RECEIVED BY:
ERIC ZIEMELIS
ARTIST: Eric Ziemelis TITLE OR DESCRIPTION
"SOLI?.N" 3Y ERIC ZIEMELIS: COMPLETED JANIJ RY 1_991.
12j HIGH: 13 1/2' HIGH
INCLUDING BASE: 9' WIDE: 3' IN DEPTH. EXCLUDING BASE: WEIGHT IS 3.500 TBS.
`.ATERIALS INCLUDE CALIFORNIA_ GREY MARBLE, POWDER COATED STEEL AND WHITE CEMENT.
VALUE: TOTAL S25.000*
*Appraisal has hoc been obtained by the Town.
Oecemher, 1988
C5009:A:\Contract\Lnaeceot.ZEM
CONDITIONS REGARDING LOANS
.74
MARBLE ART SCULPTURE - RESOLUTION 1991-106
1. Unless otherwise agreed co 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 noc 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 co anyone ocher
than the owner except upon receipt of written order from the owner or his
duly authorized agent or legal representative.
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.
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.
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, andshall not be required to carry any
insurance against loss or destruction of or damage to such item. The Town
of Los Gatos will not berequired 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 co Locate piece in the general area shown as location #1 in
Exhibit A.ii of Attachment 1.
9. Installation sculpture and lighting be pa _ for by Don Borcea, agenc
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 co the Depositor
if the Depositor fails to meet any of the conditions herein.
13. The Depositor agrees co 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 che external rails to minimize safety
concerns, and proper engineering of the base to hold che art work.
APPROVED AS TO FORM:
•
fs, rtn 'c(f),/
'ACTIVG TOWN ATTORNEY DATE
DEPARTMENT APPROVAL:`
COMMUNITY SERVICES.
TOWN OF LOS GATOS
JAV i u ,KNH'' , TOWN MANAGER
DEPOSITOR:
c
RIC ZIEMELI
ATTEST:
-2-
May 1991 )-)/(!eitZ•nL).?6 (
a=d09:A:\cantr.ot\la.ns.ZEM MARIAN V. CO ROVE
CLERK OF THE TOWN OF LOS GATOS
DATE
DATE'
TOWN OF LOS GATOS
HOLD HARMLESS AGREEME
ERIC ZIEMELIS agrees to HOLD HARMLESS and release from liability
(Name or Organization)
the TOWN OF LOS GATOS, its OFFICERS, AGENTS, and EMPLOYEES from any and
all claims arising out of, or related to:
DESCRIPTION of EVENT or ACTIVITY:
MARBLE ART SCHULPTURE
and agrees to indemnify the TOWN OF LOS GATOS, its OFFICERS, AGENTS, and
EMPLOYEES for any and all damages, claims, causes of action, losses, liability,
judgmerrts, costs, casts of collection, and attorney's fees arising out of or related
to the above description.
1 HAVE READ THIS HOLD HARMLESS AGREEMENT
and
UNDERSTAND ITS TERMS.
/r1
DATE 11
CrZti€. e,LvS
PRINT NAME
If you are signing this agreement for an ORGANIZATION that YOU
represent, PLEASE SIGN THE FOLLOWING STATEMENT:
I AM LEGALLY AUTHORIZED TO MAKE THIS AGREEMENT FOR
NAME of ORGANIZATION
SIGNATURE TITLE
c:k:d7:\other\hh
DEPTMENT:
AGENDA ITEM:
INTERNAL TRACKING
d �v
/7
RESO/ORD NUMBER:
DAM
fa
/797 e-5
LIST IN BOOK
7/
7
ON DISC OR SHARE. FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Date of Publication
I
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
i
.
MAIL TO DISTRIBUTION LIST
NO. of COPIES:
, f
`7
2
PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
CODIFICATION IF ORDINANCE
c l k : d 16:1 other\ordre,2
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
/7
(;lit-/_,/,4)2i
RESOLUTION ORDINANCE
Number: / 7 7 / -2() Number.
� / /�
Date of Adopt: � /� / Date of Intro:
PUBLICATION REOUIRED;
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Date of Adopt:
ZONE CHANGE:
Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor(or Chairman) JOANNE BENJAMIN
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC: D7: RESO..ORD
RESOLUTION 1997 - 30
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
AMENDMENT WITH ARTIST ERIC ZIEMELIS EXTENDING THE LOAN OF THE
"EOLIAN" SCULPTURE THROUGH JUNE 1999
WHEREAS, The Town Council adopted Resolution Number 1991-106, "Accepting a
Sculpture from Eric Ziemelis as a Loan"; and
WHEREAS, The Town Council wishes to encourage the placement of art in public places;
and
WHEREAS, Loan extension has been considered as outlined in Resolution 1992-78
concerning long-term loans, gifts and purchases of artworks; and
WHEREAS, the Arts Commission has recommended to the Council that the loan of
artwork be extended to June 30, 1999; and
WHEREAS, a loan agreement amendment has been prepared and is attached as Exhibit
A.
THEREFORE, BE IT RESOLVED: that The Town Council of the Town of Los Gatos
authorizes the Town Manager to execute the loan agreement extension 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 7th day of April, 1997 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins,
Vice Mayor Linda Lubeck.
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED: /s/ Linda Lubeck
VICE MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Exhibit A
Towle OF Los GATOS
Letter of Agreement
March 4, 1997
Mr. Eric Ziemelis "J.L
842Cuveiitry Court agy Terra ;Sella aveenve L
Sunnyvale, CA 94087 (r'°� a Y^ro y3
Dear Mr. Ziemelis:
town
AGR:
lr-4H:_
CIVIC CENTER
110 E. MAIN STREET
P.O. Box 949
Los GATos, CA 95031
CLERK
�
At its February 6, 1997 meeting, the Arts Commission reviewed the recommendations of the Public Art Committee and Art
Selection Panel regarding the extension of your loan agreement with the Town for the "Eolian" sculpture. At that time, the
Commission agreed that a two-year loan extension (through June 1999) would be appropriate. A copy of the Public Art Committee's
recommendation to the Arts Commission is attached for your information.
This letter, therefore, constitutes an amendment to the attached Loan Receipt dated May 22, 1991. The Loan Receipt establishes
the loan term from June 1991 to June 30, 1996. This amendment will extend the loan period through June 30, 1999.
The Hold Harmless Agreement which you signed with the original Loan Receipt in 1991 has been revised and replaced with a
Release of Liability, Assumption of Risk and Indemnity Agreement. As such, I request that you review and sign the revised Release
form (enclosed). All terms of the original Loan Receipt and Conditions Regarding Loans dated May 22, 1991, as well as the Release
of Liability, will then remain in full effect through June 30, 1999.
If you agree to this amendment, please sign both copies of this letter, return one copy to me, and retain the second for your records.
Return the signed Release of Liability form as well. Please be advised that the Town Council must still authorize the extension of
the loan agreement as proposed herein. If you can return the executed Letter of Agreement and Release of Liability form by March
20, 1997, we can submit the loan extension to Council for consideration at its April 7, 1997 meeting. Please feel free to contact
me at (408) 354-6820 if you have further questions.
Co
1.Ct
er
Services ctor
Attachments:
1. Loan Receipt/Conditions Regarding Loans (1991)
2. Release of Liability
3. Report from Public Art Committee Dated 1/24/97
Approved: Approved/Town of Los Gatos:
Efic Ziemelis David W. Knapp, Town Manager
Approved as to Form: Attest:
a.hcL‘ (,/(13
a ie West Town Attomey my
Marian V. Cosgrove, Clerk of the Town of Los Gatos
CSD32:a:\a tscommlpubart.agr
INCORPORATED AUGUST 10, 1887
FR=r" : CBR:z: =TUD I OPIX SYSTEM
PHONE NO. : 415 961 92C7 filer. 31 1997 C :56PM =1
TOW''v OF LOS GATOS
RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
(Individual)
Er l L tC v^t- L5
(Frtnt Name)
(hereinafter referred to as 'Undersigned") will be
engaging in the following described event or activity in the Town of Los Gatos, California.
DESCRIPTION of EVENT or ACTIVITY: (Include Dates)
The Undersigned does hereby WAIVE, RELEASE AND DISCHARGE the Town of Los
Gatos, its officers, agents and employees (hereinafter referred to collectively as 'Town")
from any and all claims for damages, personal injury, property damage, or wrongful death
occurring or arising out of the event or activity described above. This release is intended
to discharge, in advance, the Town from any and all liability arising out of the above event
or activity even though that liability may arise out of negligence or carelessness on the pact
of the Town.
It is recognized that there are certain risks inherent in the activity the Undersigned
is participating in. Nevertheless, the Undersigned voluntarily agrees to ASSUME ANY
A.ND ALL RISKS of injury or death from whatever cause inherent in or arising from
participation in this event or activity whether such risks are known or unknown, and to
release, discharge, hold harmless and INDEMNIFY the Town for any and all damages,
claims, causes of action, losses, liability, judgments, costs, costs of collection, and attorney's
fees arising out of or related to the above described event or activity.
It is understood and agreed that this RELEASE, ASSUMPTION OF RISK and
INDEMNITY AGREEMENT is to be binding on the Undersigned's heirs, personal
representatives, next of kin, spouse and assigns.
I have read this Agreement and understand its terms.
PRINT NAME
SIGNATURE
RELATIONSHIP PARENT OR GUARDtot
(If Applicable)
' IF PARTICIPANT IS YOUNGER THAN 18 YEARS OLD, A PARENT OR
LEGAL GUARDIAN MUST EXECUTE THIS DOCUMENT AND INDICATE
RELATIONSHIP AMMO \WAIVER CON
April 7, 1997
Los Gatos, California
DOWNTOWN PARKING STRATEGIC PLANNING ADVISORY COMMITTEE (10.40)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council approve Parking Commission
recommendation to establish a Downtown Parking Strategic Planning Advisory Committee.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
HILLSIDE NOTICING POLICY (11.47)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt the proposed Hillside
Noticing Policy. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
97X01 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1997-26 (13.35)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-26
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH DAVEY TREE EXPERT COMPANY TO
COMPLETE PROJECT 97X01. TREE PRUNING AND REMOVAL IN AN AMOUNT NOT TO
EXCEED $28.670. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
9605-A/BIANNUAL SIDEWALK RECONSTRUCTION PROGRAM/RESOLUTION 1997-27 (1435)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-27
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH A.V.& C. CONSTRUCTION FOR THE CONSTRUCTION OF
PROJECT 9605-A BIANNUAL SIDEWALK RECONSTRUCTION. Carried by a vote of 4 ayes.
Mrs. Benjamin absent.
SKY LANE 2/ANNEXATION/RESOLUTION 1997-28 (15.14)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-28
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SKY LANE 2 TO THE TOWN
OF LOS GATOS. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
CELEBRATION OF COMMUNITY DIVERSITY/STANFORD/RESOLUTION 1997-29 (16.10)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-29
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING CELEBRATION OF
COMMUNITY DIVERSITY TO BE CELEBRATED AT STANFORD UNIVERSITY ON
OCTOBER 18, 1997. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
"EOLIAN" SCULPTURE/ERIC ZIEMELIS/RESOLUTION 1997-30 (17.44)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-30
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH ARTIST ERIC ZIEMELIS
EXTENDING THE LOAN OF THE "EOLIAN" SCULPTURE THROUGH JUNE 1999. Carried
by a vote of 4 ayes. Mrs. Benjamin absent.
"SPACE DANCE FOR PEACE"/PAUL GORENIUC/REMOVAL (18.44)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council confirm artist Paul Goreniuc's
intention to remove "Space Dance for Peace IV" sculpture by June 1, 1997; increase Community
Grant Program by $1,800; and authorize removal of previously encumbered funds to pay costs
of removal. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
TC: D9: MM040797
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