15 Staff Report - Public Art
-DATE: TO: -FROM: SUBJECT: MEETING DATE: 6/21104 ITEM NO. ISCOUNCIL AGENDA REPORT MAY 11,2004 MAYORANDTOWNCOUNCIL"---_ " DEBRA J. FIGONE, TOWN MANAGER \JJ;V' -) c::s PUBLIC ART A.
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE PUBLIC ART EXTENSION WITH ERIC ZIEMELIS B. ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE PUBLIC ART LOAN AGREEMENT
EXTENSION WITH MARILYN KUKSHT RECOMMENDATION: Adopt the resolutions authorizing the Town Manager to execute Loan Receipts with Eric Ziemelis (Attachment 1) and Marilyn Kuksht (Attachment
2) extending the loan period for their sculptures through June 2009; and to execute future amendments to the loan receipt, as long as they conform to theadopted Town budget. , BACKGROUND:
Eric Ziemelis' sculpture, "Eolian," was installed on the Civic Center lawn in 1991. In 1996, Council approved the extension ofthe loan to June 30, 2001, with three one-year options to
extend the loan. The Town exercised its options and the loan period runs through June 30, 2004. Marilyn Kuksht's sculpture, "Portals and Passages," was installed on the Civic Center
lawn in 2002, and the loan period for her artwork also expires June 30, 2004. In accordance with Resolution 1992-78 governing the loan ofpublic art, the Art Selection Panel has advised
the Arts Commission to extend the loan period for both pieces of artwork for five years to June 30, 2009. At its April 14, 2004 meeting, the Arts Commission voted to forward this recommendation
to Council. PREPARED BY: REGINA A. Community Reviewed by: Town Manager -fT-j-"--own Attorney __Clerk,"-_Finance Revised:
5/28/04 2:31 pm
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTIONS AUTHORIZING THE TOWN MANAGER TO EXECUTE LOAN RECEIPTS WITH ARTISTS ERIC ZIEMELIS AND MARILYN KUKSHT May 4,2004 DISCUSSION: The
Art Selection Panelandthe Arts Commission recommend extending the tenns ofloan for Eric Ziemelis' sculpture, "Eolian," and Mariylyn Kuksht's sculpture, "Portals and Passages," through
June 30,2009. Both artists have been contacted, approved the extended loan tenns, and have signed an .amended Loan Receipt (Attachments 3 and 4), each with the. following exhibits: Conditions
of Loan fohn, and a Release of Liability, Assumption ofRisk and Agreement. CONCLUSION: The loan periods of these two sculptures expire on June 30, 2004. The Arts Commission,
Art Selection Panel, and the artists approve extending the loans through June 30, 2009, and recommend approval the to Council. IfCouncil decides against extending the loan term, the
artists will be asked to remove their sculptures. ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA and no further action is required. FISCAL IMPACT:
No additional costs are anticipated as a result of extending these loan agreements. Attachments: 1. 2. 3. ,r-4. Draft Resolution of the Town Council of the Town of Los Gatos Authoiizing
the Town Manager to Execute a Loan Receipt with Eric Ziemelis for the Artwork "Eolian." Draft Resolution of the Town Council of the Town of Los Gatos Authorizing the Town Manager to
a Loan Receipt with Marilyn Kuksht for the Artwork "Portals and Passages." . Town ofLos Gatos Loan Receipt signed by Eric Zeimelis for the Artwork, "Eolian." Town of Los
Gatos Loan Receipt signed by Marilyn Kuksht for the Artwork, "Portals and Passages." Distribution: Art Selection Panel Arts Commission Eric Ziemelis . Marilyn Kuksht N:\CSmTCRPTS\KukshtZiemelis
loan extension.wpd
Attachment 1 RESOLUTION NO. 2004 -" RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOAN RECEIPT WITH ERIC ZIEMELIS FOR THE ARTWORK
"EOLIAN" WHEREAS, the Town Council wishes to encourage the placement of art in public areas; and WHEREAS, the artist Eric Ziemelis has offered the loan of his sculpture "Eolian" to the
Town, and it has been installed on the lawn of the Civic Center; and WHEREAS, a loan receipt for "Eolian" for the period, June 1991 through June' 30, 2004, was signed by the Town Manager-as
authorized by Council; and WHEREAS, the Art Selection Panel and the Arts Commission have recommended to Council that the loan of the artwork be extended for five years. NOW,THEREFORE,THETOWNCOUNCIL
OFTHETOWNOF LOS GATOS DOES HEREBY RESOLVE THAT THE TOWN MANAGER IS AUTHORIZED TO 'EXECUTE: 1) The Town of Los Gatos Loan Receipt, from Eric Ziemelis for the sculpture "Eolian," for the
period June 30, 1991 to June 30,2009, attached as Attachment 3; and, 2) Future amendments to the Loan Receipt so long as they conform to the adopted Town budget. PASSED AND ADOPTED at
a__meeting of the Town Council of the Town of Los Gatos, California, on the day of , 2004 by the following vote: 1
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 N:\CSD\TCRPTS\Resolutions\Ziem
elis Loan 2004.wpd . 2
Attachrnent2 RESOLUTION NO. 2004 -. 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 Town Council wishes to encourage the placement of art in public areas; and WHEREAS, the artist Marilyn Kuksht has offered the loan of her sculpture
"Portals and Passages" to the Town, and it has been installed on the lawn of the Civic Center; and WHEREAS, a loan receipt. for "Portals and Passages" for the period,. June 2002 through
June 30, 2004, was signed by the Town Manager as authorized by COUncil; and WHEREAS, the Art Selection Panel and the Arts Commission have recommended to Council that the loan of the
artwork be extended for five years. 4; and, 2) Future amendments to the Loan Receipt so long as they conformto the adopted Town budget. ·PASSED AND ADOPTED at a__meeting of the Town
Council ofthe Town of . Los Gatos, California, held on the day of , 2004 by !he following vote: 1
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 , N:\CSD\TCRPTS\Resolutions\Kuk
sht Loan 2004.wpd 2
Attachment 3 TOWN OF LOS GATOS .. LOAN RECEIPT (Please fill out all applicable areas in block letters.) . DATE: FROM: . ADDRESS: PHONE: April 27, 2004 Eric Ziemelis 238 W. California
Sunnyvale, CA 94086 (408) 356-9040 TERM OF LOAN: FROM June 30,1991' TO June 30, 2009 • Town and Artist have option to terminate the loan with 90 days notice. • Town has option to buy.
I have read and understood the "Conditions of Loan." RECEIVED FROM: a e RECEIVED BY: -..,... _ . Town Manager ARTIST: Eric Ziemelis TITLE: "Eolian" DESCRIPTION
..:.::fe:::.:::e:.::..t
__ sculpture made ofCalifornia gray marble, powder coated steel. and white cement. This sculpture was installed on the Civic Center lawn in June
1991. VALUE: $ LV660 * * Appraisal has riot been obtained by the Town. Exhibits: .A. Conditions of Loan B. Release of Liability, Assumption of Risk and Indemnity Agreement N:\CSD\ART\ziemelisl-oannre
ceipt.wpd
Exhibit A 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 arid 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 ofthe Depositor, the legal representative
ofthe 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, re'moval and related display activities shall be performed in a manner 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. IftheWork(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. Signature n:\csd\art\art_conditions
Exhibit B TOWN OF LQS GATOS RELEASE OF LIABILITY, ASSUMPTION OF RISK . AND INDEMNITY AGREEMENT Eric Ziemelis (hereinafter referred to as "Undersigned") willbe (Print Name) engaging in
the following described eyent 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.)
"Eolian" a 13 12 ' X 9' x 3' gray marble, powder coated steel, and white cement sculpture. Installed on the Civic Center lawn in June 1991. and includes the installation and removal
ofthe Artwork, any failure ofthe Artwork resulting from faulty design, construction, installation or maintt:nance, 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 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, heirs, personal representatives, next of kin. spouse and assigns. I have read this Agreement and understand its terms. Z06'-\ Print Name . Signature .-N:\CSD\Public
Art\publicartrelease.wpd
Attachment 4 TOWN OF LOS GATOS LOAN RECEIPT (Please fill out all applicable areas in block letters.) DATE: FROM: ADDRESS: PHONE: April 12, 2004 Marilyn Kuksht 220 Happy Valley Road Santa
Cruz, CA 95065 (831) 426-1935 TERM OF LOAN: FROM June 30, 2002 TO June 30, 2009 • Town and Artist have option to terminate the loan with a one month notice. • Town has option to buy.
I have read and undeIcondilions of Loan." RECEIVED FROM: . .• . Slgnat e . RECEIVED BY: --'-__ Town Manager ARTIST: Marilyn Kuksht TITLE: "Portals and Passages" DESCRIPTION:__...x
.."'_'6:::...13:::..'.....:x' :..=:.=3'...::::6_"
Civic Center lawn in JUne 2002. VALDE: $50,000 * * Appraisal has not been obtained by the Town. Exhibits: A. Conditions of Loan B. Release of Liability, Assumption
of Risk and Indemnity Agreement N:\CSD\ARTlkukshtloannreceipt.wpd
Exhibit A " 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 Work(s)onTown property, subject to the conditions set forth herein. There
will be no monetary compertsation to the Depositor for the loan of the Work(s). 2. Absent a separate written agreement to the contrary between the Town a'nd the Depositor, the Town will
exercise the same care with respect to the Work(s) as it does in the safekeepirigof 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. TheTown assumes the right, unless specifically denied by the Depositor,
to record, reproduce or examine theWork(s) by all photographic means available. It is understood and agreed that all copyrights remai'n the property ofthe 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 manner that will avpid 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 itsagent by delivery of a written Notice of Termination, .In such event, the Work(s) shall
be removed and relocated by the Depbsitor. Ifthe Work(s) is/are not· reclaimed by the Depositor within sixty (60) ciays from thi;: date of the Notice ofTermination, the Town or its agents
may place theWork(s) in storage and to charge removal fees and costs. If after _ years/the Work(s) have not been reclaimed, then, in considerat,ion 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. n:\csd\art\art_conditions
Exhibit B TOWN OF LOS GATOS RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (hereinafter
referred to as "Undersigned") will be (Print Name) 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.) "Portals and Passages" a 9'x6'3"x3'6" fabricated steel sculpture. Installed on the Civic Center lawn. June 2002. and
includes the installation and removal ofthe Artwork, any failure ofthe Artwork resulting fromfaulty 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 ofLos 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 ofinjury 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 1 \ N:\CSD\Public Art\publicartrelease.wpd
Print Name \ SIgna