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Item 8 Staff Report Adopt Resolution Authorizing the Town Manager to Execute the Loan Receipt with Artist Marilyn KukshtDATE: TO: FROM: SUBJECT: COUNCIL AGENDA REPORT MAY 6, 2002 MAYOR AND TOWN C TOWN MANAGER UNCIL MEETING DATE: 5/20/02 ITEM NO. ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE LOAN RECEIPT WITH ARTIST MARILYN KUKSHT RECOMMENDATION: Adopt the attached resolution authorizing the Town Manager to execute the loan receipt for the sculpture "Portals and Passages" from Marilyn Kuksht, to be installed on the existing concrete foundation on the lawn of the Civic Center for up to two years. BACKGROUND: In October 2001, the Town Council approved the recommendation from the Art Selection Panel and the Arts Commission to accept the loan of artwork from both Marilyn Kuksht and Phillip Lange. These sculptures are to be installed on the Civic Center lawn, pending the approval of the completed sculptures, the stamped approval of all plans, and the completion of all loan documents. DISCUSSION: The first of these pieces, "Portals and Passages," by Marilyn Kuksht, has been constructed and is ready for installation. The following has been accomplished: 1. The structural calculations and drawings for seismic anchorage of the structure were approved and officially stamped by Peoples Associates Structural Engineers. 2. The approved drawings and structural calculations for seismic anchorage of the sculpture were submitted to the Community Development Department and an application for a building permit was completed. 3. The artist signed the Town of Los Gatos Release of Liability, Assumption of Risk and Indemnity Agreement and the Conditions of Loan. (Exhibits B & C) 4. The Art Selection Panel and the Arts Commission have approved the completed sculpture. PREPARED BY: REGINA FALKNE Community Service ctor Reviewed by: QV/Attorney Finance PD PPW CDD Revised: 5/6/02 Reformatted: 7/14/99 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE LOAN RECEIPT WITH ARTIST MARILYN KUKSHT May 6, 2002 5. George Bianchi, Art Selection Panel member and owner of George Bianchi Construction, Incorporated, has agreed to donate the services of his company to install the piece. The estimated value of this work is $3,100. NEXT STEPS: Upon Council's adoption of the resolution to execute a loan receipt with Marilyn Kuksht, a building permit can be issued and the sculpture can be scheduled for installation. The installation will require the partial closure of Pageant Way while the piece is being moved from the truck to the foundation. It will also be necessary to close the area around the concrete foundation to the public while the installation is being completed. Installation is expected to take two days and completion before the first Music in the Plaza concert (June 23) is preferred. CONCLUSION: The installation of Marilyn Kuksht's artwork, "Portals and Passages" will be the latest addition to the Town's public art loan program and will meet objectives stated in the Town's Strategic Plan. It also represents the cooperative efforts of the Town, the artist, and community members to maintain our Town's unique character and appearance. ENVIRONMENTAL ASSESSMENT: The installation of this sculpture, "Portals and Passages," is not a project defined under CEQA and no further action is required. FISCAL IMPACT: Project expenses, not to exceed $1200, will be paid from the Community Services Operating budget. Attachments: 1. Resolution to execute Receipt of Loan with Marilyn Kuksht (with Exhibits A-C) Distribution: 1. Art Selection Panel members 2. Arts Commission 3. Marilyn Kuksht, 220 Happy Valley Road, Santa Cruz, CA 95065 RAF:SB N:\CSD\TCRPTS\kukshtloan.wpd RESOLUTION 2002- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOAN RECEIPT WITH MARILYN KUKSHT FOR THE ARTWORK "PORTALS AND PASSAGES" WHEREAS, the artist Marilyn Kuksht has offered the loan of her sculpture "Portals and Passages" to the Town; and WHEREAS, the Town Council wishes to encourage the placement of art in public areas; and WHEREAS, the Art Selection Panel and the Arts Commission have recommended to the Council that the artwork be accepted as a loan for up to two years; and WHEREAS, the Art Selection Panel and the Arts Commission have approved the completed sculpture; and WHEREAS, the loan documents have been signed by the artist and are attached as Exhibits B and C; and WHEREAS, a loan receipt has been prepared and is attached as Exhibit A. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: that the Town Council of the Town of Los Gatos does hereby authorize the Town Manager to execute a loan receipt with Marilyn Kuksht (attached as Exhibit A) for the sculpture "Portals and Passages" to be installed on the Civic Center lawn. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on May 20, 2002 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A TOWN OF LOS GATOS LOAN RECEIPT (Please fill out all applicable areas in block letters.) DATE: April 24, 2002 FROM: Marilyn Kuksht ADDRESS: 220 Happy Valley Road Santa Cruz, CA 95065 PHONE: (831) 426-1935 TERM OF LOAN: FROM June 2002 TO June 2004 • Town has option to buy. I have read and understood the "Conditions of Loan." RECEIVED FROM: Signature RECEIVED BY: Town Manager ARTIST: Marilyn Kuksht TITLE: "Portals and Passages" DESCRIPTION: A 9' x 6'3" x 3'6" fabricated steel sculpture to be installed on the Civic Center lawn. VALUE: $50,000 * Appraisal has not been obtained by the Town. APPROVED AS TO FORM: ATTEST: ORRY KORB, TOWN ATTORNEY MARIAN V. COSGROVE, TOWN CLERK N:\CSDART\kukshtloannreceipt.wpd Exhibit B TOWN OF LOS GATOS RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT hacALn kuksM- (Print Name) (hereinafter referred to as "Undersigned") will be engaging in the following described event or activity in the Town of Los Gatos, California. The event or activity concerns the "Artwork" described as follows: (Include date and location of installation.) K i / r • scut\mac -Eoc littsll��►nti i(O t of -fnw,ti at and includes the installation and removal of the Artwork, any failure o.f the Artwork resulting from faulty design, construction, installation or maintenance, whether willful or negligent, and any damage to the Artwork, no matter what the cause. 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 part 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 AND 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. Date �{IiSloz M ac Auv uk4\t' Print Name 1 L Signa ATNY0051WAIVER.ORG Exhibit C CONDITIONS OF LOAN 1. The artist or other owner (the "Depositor') of the work(s) of art referred to on the face of this receipt ("Work(s)"), agrees to temporarily lend the Work(s) to the Town, and the Town agrees to grant the Depositor permission to display the Work(s) on Town property, subject to the conditions set forth herein. There will be no monetary compensation to the Depositor for the loan of the Work(s). 2. Absent a separate written agreement to the contrary between the Town and the Depositor, the Town will exercise the same care with respect to the Work(s) as it does in the safekeeping of comparable property of its own. 3. Objects accepted by the Town as loans will not be returned to anyone other than the Depositor except upon receipt of a written order from the Depositor or his/her duly authorized agent or legal representative. 4. In the case of the death of the Depositor, 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. 5. Unless the Town is notified in writing to the contrary, the Work(s)may be photographed and reproduced for the Town's private purposes. The Town assumes the right, unless specifically denied by the Depositor, to record, reproduce or examine the Work(s) by all photographic means available. It is understood and agreed that all copyrights remain the property of the Depositor, and that no photographs or reproductions will be published without the written consent of the Depositor. 6. Unless the Town and the Depositor otherwise agree in writing, the Depositor shall be responsible for the installation and removal of the Work(s). Installation, removal and related display activities shall be performed in a mariner that will avoid damage to public property. 7. The Depositor acknowledges that permission to exhibit the Work(s) may be revoked at any time by the Town or its agent by delivery of a written Notice of Termination. In such event, the Work(s) shall be removed and relocated by the Depositor. If the Work(s) is/are not reclaimed by the Depositor within sixty (60) days from the date of the Notice of Termination, the Town or its agents may place the Work(s) in storage and to charge removal fees and costs. If after _ years, the Work(s) have not been reclaimed, then, in consideration for its storage and safeguarding during such period, the Work(s) shall be deemed and unrestricted gift to the Town. 8. The Depositor agrees to execute the Release of Liability, Assumption of Risk and Indemnity Agreement attached hereto. The undersigned understands and accepts this Agreement. Signatur- . to n:\csd\art\art_conditions RESOLUTION 2002 - 71 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOAN RECEIPT WITH MARILYN KUKSHT FOR THE ARTWORK "PORTALS AND PASSAGES" WHEREAS, the artist Marilyn Kuksht has offered the loan of her sculpture "Portals and Passages" to the Town; and WHEREAS, the Town Council wishes to encourage the placement of art in public areas; and WHEREAS, the Art Selection Panel and the Arts Commission have recommended to the Council that the artwork be accepted as a loan for up to two years; and WHEREAS, the Art Selection Panel and the Arts Commission have approved the completed sculpture; and WHEREAS, the loan documents have been signed by the artist and are attached as Exhibits B and C; and WHEREAS, a loan receipt has been prepared and is attached as Exhibit A. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: that the Town Council of the Town of Los Gatos does hereby authorize the Town Manager to execute a loan receipt with Marilyn Kuksht (attached as Exhibit A) for the sculpture "Portals and Passages" to be installed on the Civic Center lawn. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on May 20, 2002 by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Randy Attaway 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 Town Council Minutes May 20, 2002 Redevelopment Agency Los Gatos, California PLANNING COMMISSION/COMMUNITY DEVELOPMENT DEPT/MONTHLY REPORT (02.31) Motion by Mr. Glickman, seconded by Mr. Pirzynski, to accept and file informational item regarding Planning Commission and Community Development Department monthly status report. Carried unanimously. RATIFICATION OF PAYROLL/APRIL 2002 (03.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the check registers for the payroll of April 14, 2002 through April 27, 2002, paid on May 3, 2002 in the amount of S505,545.94. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MAY 2002 (04.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on May 3, 2002 and May 10, 2002 in the amount of S722,546.19. Carried unanimously. MINUTES OF MAY 14, 2002 (05B.V) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the special session Minutes of May 14, 2002 as submitted. Carried unanimously. SMITH CREEK DRIVE/SOUTH END/EMERGENCY VEHICLE ACCESS EASEMENT (06.15) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council grant Emergency Vehicle Access Easement over a one foot strip of Town Property at the southerly end of Smith Creek Road. Carried unanimously. (This item was readdressed after Public Hearings.) STORM WATER MANAGEMENT/SANITATION DISTRICT FEES (07.40) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council approve the FY 3003-2003 Storm Water Managemnet Budget, and authorize the West Valley Sanitation District to collect program related fees on behalf of the Town. Carried unanimously. ART LOAN RECEIPT/ARTIST MARILYN KUKSHT/RESOLUTION 2002-71 (08.28) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-71 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOAN RECEIPT WITH MARILYN KUKSHT FOR THE ARTWORK "PORTALS AND PASSAGES. Carried unanimously. FIESTA WAY 17 & 25/BUDGET ADJUSTMENT/RESOLUTION 2002-72 (09.15) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-72 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING GENERAL FUND BUDGET ADJUSTMENT FROM RESERVES FOR DEBT SERVICE AND CIVIC CENTER IMPROVEMENTS FOR PURCHASE OF PROPERTIES AT 17 AND 25 FIESTA WAY. Carried unanimously. TC:D13:MM052002 2