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1997-030-Execute An Agreement Amendment With Artist Eric Ziemelis Extending The Loan Of The "Eolian" Sculpture Through June 1999RESOLUTION 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: VICE MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS(GATOS LOS GATOS, CALIFORNIA March 4, 1997 Mr. Eric Ziemelis 8q 2 Eroventrre urt Sunnyvale, CA 94087 Dear Mr. Ziemelis: Exhibit A Towle of Los GATos CIVIC CENTER Letter of Agreement 110 E. MAIN STREET P.O. Box 949 Los GATos, CA 95031 TOWN CLERK /g5 Terra i'e�l3 L(vrn ✓z, -�,�(; iP1 H:---- �._.__.._ p'oc v,zo1� 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 atwo -vear 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. Ifyou 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. Sincer0y), g ��(� Re i aIe r{ Comm' Services Dir ctor Attachments: 1. Loan Receipt/Conditions RegardingLoans(1991) 2. Release of Liability 3. Report from Public Art Committee Dated 1/24/97 Approved: Approved /Town of Los Gatos: Efie Ziemelis David W. Knapp, Town Manager Approved as to Form: Attest: Natalie West, Town Attomev Marian V. Cosgrove, Clerk of the Town of Los Gatos CSD32: a: \artscomm�pubm, agr INCORPORATED AUGUST 10, 1887 Wj FRCP? CE 7)ETUD10R7: SYSTEM PHONE hO. : 4 °_S 961 9x37 Mar. Jl 1997 rO"N' OF I.OS GATOS RELEASE OF LLABILITY, ASSUNIPTION OF RISK AND INDEMNITY AGREEMENT (Individual) 2 uCJJ —,-� (hereinafter referred to as 'Undersigned ") will be (Print Name) engaging in the following described event or activity in the Town of Los Gatos, California. DESCRIPTION of EVENT or AC7MT Y: (Include Dates) u 4O i tt� The Undersigned does hereby WAIVE, RELEASE AND DISCHARGE the Town of Los Gatos, its officers, agents and employees (hereinafter referred to collectively as 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. ` DA-VE PRINT NAME SIGNATURE RE TIO S NMENT OR (If Applicable) IF PARTICIPANT IS YOUNGER THAN 18 YEARS OLD, A PARENT OR LEGAL GUARDIAN MUST EXECUTE THIS DOCUMENT AND INDICATE RELATIONSHIP ATWOOS\WANIEA CON