2004-092- The Town Manager To Execute A Loan Receipt With Eric Ziemelis For The Artwork EolianRESOLUTION.2004 - 92
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, THE'TOWN COUNCIL OL' THE TOWN OF 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.
1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 21St day of June, 2004 by the following vote:
COiJNCIL .MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor'Steve Glickman.
NAYS: None
ABSENT: None
ABSTAIN; None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L~ GA'
LOS GATOS, CALIFORNIA
2
TOWN OF LOS GATOS
LO:~.N 1~c1~~rT
(Please fill out all applicable areas in block letters.)
DATE: ~, April 27, 2Q04
FROM: Exit Zieme~i~
ADDRESS: 238 W. California
Sunnytrale, CA 940$4
PHONE: ,x,08) 3S6w~040
TERM OF LOAN: FROM , Tune 30. 1991 _ TO June 30,.2409
• Town and Artist have option to terminate
the loan with 90 days n+dtice.
• Town has option to buy.
I have read and understood the "Conditions of Loan."
RECEIVED FROM: =~~~"'"`~~~
•e
RECEIVED BY:
Town Manager
~zi:<~ 1 ~;~J ~~~' Ti~i~ `I`O~'V'1\T ~;I~ER~
g~~~~.~~
ARTIST: Eric Ziernelis TITLE: "Eolian"
DESCRIPTION: A 1Z' i h 13 lf~ feet inchidin ba b ' wide b 3' dee
soul tore made of Calif r 'a a arble owder coated steel and whi e cement. This
col tore was instal ed on the Civic C nter la in e 991. .
VALCJE: ~ G.G' c~ ~~
* .Appraisal has not been obtained by the Town.
Exhibits:
A. Conditions of Loan
73. Release of Liability, Assumption of Rislc and Ilxdemnity Agreement
N:\CSD\AR'ilziemel isloannreceipt.wpd
Exhibit A
CONDITIONS QF LO,~N
1. The artist or other owner (the "Depositor') of the work(s) of art referred to vn the face of this
receipt ("Work(s)"), agrees to temporarily lend the Warlc(s) to tlae 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 hisJher 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 Worlc(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 withoutthe written
consent ofthe 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 avoid damage to public prope~•ty.
7. The Depositor aelcnawledges 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 {b0) 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
casts. 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 Date
n:\csd\ardart conditipns
wN ~ TOWN OF LOS GATOS
RELEASE OF LIABILITY, ASSUMPTION OF RISK.
~~ .N >, AND INDEMNITY AGREEMENT
~ s
Exhibit 'B
0
s s"t Eric Ziemelis (hereinafter referred to as "Undersigned") will be
.(Print Name)
engaging in tlxe following described event or activity in the `T'own of I,as Gatos, California.
The eventoractavity concernsthe"Artwork" described as fellows: (Includedate and location
of installation.)
"Eolian" a l3 '/2 ` x 9' x 3' ~ray marble, powder coated steel and white cement sculbture. Installed
on the Civic Center lawn in June 1991. and
includesthe installation and removal ofthe Artwork, any failure ofthe Artworkresulting from faulty
design, construction, installation or ~r~aintanance, whether willful or negligent, and any damage to
the Artwoxlc, no .matter what the .cause.
The Undersigned does hereby WAIVE, RELEASE AND DISCHARCIE 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 recogtaized 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 ar death from whatever cause inherent in or arising from participation in this evenf
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 collectidn, and attorney's fees arising out of or related to the above
described event ar activity.
It is understood and agreedthatthas RELEASE, ASSUMPTION OF RISK andINDEMNITY
AGREEMENT is to be banding on the Undersigned's heirs, personal represexitatives, next of kin,
spouse and assigns.
I have read this Agreement and understand its terms.
~~( ~ ~ ~~~a ~ ~~'t~ ~~ ~ "~
Date Print Name
~~~~
Signature
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