03 Staff Report - Public Art Extension With Philip J. Langepow a aF MEETING DATE: 9/18/06
ITEM NO.
COUNCIL AGENDA REPORT
!ps GA.~OS
DATE: SEPTEMBER 11, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
-EXECUT - - LIC ART-EXTEN - ---WITH PHILIP J: LANGE-- -
RECOMMENDATION:
Adopt the resolution authorizing the Town Manager to execute Loan Receipts with Philip J. Lange
(Attachment 1) extending the loan period for sculpture, "Los Gatos Pescado," through June 2009;
and to execute future amendments to the loan receipt, as long as they conform to the adopted Town
budget.
BACKGROUND:
Phil Lange's sculpture, "Los Gatos Pescado," was installed on top of the kiosk located at the corner
of Main Street and Fiesta Way. This balanced kinetic steel and stone structure is 4'6" in length and
8" wide. It has a working diameter of 6' and weighs 291bs. The sculpture was designed to mimic the
swimming motion of a catfish.
In accordance with Resolution 1992-78 governing the loan of public art, the Art Selection Panel has
advised the Arts Commission to extend the loan period for this piece of artwork to June 30, 2009.
At its August 9, 2006 meeting, the Arts Commission voted to forward this recommendation to
Council.
DISCUSSION:
The Art Selection Panel and the Arts Commission recommend extending the terms of loan for Phil
Lange's sculpture, "Los Gatos Pescado" through June 30, 2009. The artist has been contacted. He
approved the extended loan terms, and has signed an amended Loan Receipt (Attachment 2), with
the following exhibits: Conditions of Loan form, and a Release of Liability, Assumption of Risk and
Indemnity Agreement.
PREPARED BY: REGINA A. FAL
Community Servic rector
Reviewed by: Assistant Town Manager Town Attorney Clerk Finance
Revised: 9/11/06 3:16 pm
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE PUBLIC ART EXTENSION WITH PHILIP J. LANGE
August 90, 2006
Extending the loan of the Lange sculpture to June 30, 2009, will align the loan expiration date with
those of artists Eric Ziemelis and Marilyn Kuksht, whose works are also at the Civic Center.
Approval of the resolution will authorize the Town Manager to execute future amendments to the
Lange loan receipt, as long as it conforms to the adopted Town budget. This authorization was
previously approved for artists Z iemelis and Kuksht.
C-ONC-LU-SIGN=- -
The Arts Commission, Art Selection Panel, and the artist approve extending the loan through June
30, 2009, and recommend approval the to Council. If Council decides against extending the loan
term, the artist will be asked to remove his sculpture.
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. Draft Resolution of the Town Council of the Town of Los Gatos Authorizing the Town
Manager to Execute a Loan Receipt with Philip J. Lange for the Artwork "Los Gatos
Pescado."
2. Town of Los Gatos Loan Receipt and Exhibits A and B signed by Philip J. Lange for the
Artwork, "Los Gatos Pescado."
Distribution:
Art Selection Panel
Arts Commission
Philip J. Lange
N:\CSD\TCRPTS\2006 TCRPTS\Lange loan extension.wpd
Attachment I
RESOLUTION NO. 2006 -
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOAN RECEIPT
WITH PHILLIP J. LANGE FOR THE ARTWORK "LOS GATOS PESCADO"
WHEREAS, the Town Council wishes to encourage the placement of art in public
areas; and
WHEREAS, the artist Philip J. Lange has offered the loan of his sculpture "Los Gatos
Pescado" to the Town, and it has been installed on the lawn of the Civic Center; and
WHEREAS, a loan receipt for "Los Gatos Pescado" authorizing the installation of the
artwork was signed by the Town Manager as authorized by Council on April 7, 2003; and
WHEREAS, the Art Selection Panel and the Arts Commission have recommended to
Council that the loan of the artwork be extended June 30, 2009,
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HERESY RESOLVE THAT THE TOWN MANAGER IS AUTHORIZED TO
EXECUTE:
1) The Town of Los Gatos Loan Receipt, from Philip J. Lange for the sculpture "Los
Gatos Pescado," for the period June 30, 2003 to June 30, 2009, attached as Attachment
2; and,
2) Future amendments to the Loan Receipt so long as they conform to the adopted Town
budget.
1
Attachment 2
TOWN OF LOS GATOS
LOAN RECEIPT
(Please fill out all applicable areas in block letters.)
DATE: March 20, 2006
FROM: Philip J. Lange
ADDRESS: 13899 Longridge Road
PHONE: (408) 353-2511
TERM OF LOAN: FROM June 30, 2003 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 unders e "Conditions of Loan."
RECEIVED FROM: . Y,~
Signature
RECEIVED BY:
Town Manager
ARTIST: Philip J. Lange TITLE: "Los Gatos Pescado"
DESCRIPTION: A balanced/kinetic steel and stone sculpture of a catfish that mimic's
the swimming motion of fish. Length 46", width 8", working diameter 6', weight 29 lbs.
VALUE: $1,500
* Appraisal has not been obtained by the Town.
N:1CSD\ART1Lange 1oannreceipt.wpd
Exhibit A
CONDITIONS OF LOAN
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-wr-itten-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 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. 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.
I A, pl~ce,41, Z9 -02
Sign ' ure Date
nAcsftrt\art conditions
Exhibit B
10wM aF TOWN OF LOS GATOS
RELEASE OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT
!ps GASpS
Philip J. Lange (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.)
"Los Gatos Pescado," a balanced/ kinetic steel and stone sculpture, installed on top of the kiosk at
the intersection of Fiesta and Main Street and
includes the installation and removal. of the Artwork, any failure of 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 MA
Signature
N:\CSD\ARN angepublicartrelease.wpd ATNY005\WAIVER.ORG