Loading...
2002-071- The Town Manager To Execute A Loan Receipt With Marilyn Kusht For The Artwork Portals And PassagesRESOLUTION 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 Kulcsht 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 Kulcsht (attached as Exhibit Aj 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 ~ f SIGNED: MAYOR OFT E TOWN O LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK DF TIIE TOWN OF L ATOS LOS GATOS, CALIFORNIA Exhibit A t TOWN OF LOS GATOS LOAN RECEIPT (Please fill out all applicable areas in b ock letters.) , DATE: Apri124, 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 Passa>;es" 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 KOR6, TOWN ATTORNEY MARIAN V. COSGROVE, TOWN CLERK N;\CSDWRT'\kukshtloannreceipt.wpd Exhibit B TOWN OF LOS GATOS 1owN ~~ RELEASE OF LIABILITY, ASSUMPTION OF RISK .. ~ ~~~~~~ ~ AND iNIDEMNITY AGREEMENT ., °s ° "s°S M acid n lkukskk (hereinafter referred to as "Undersigned") will be (Print ' ame) 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.l 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.rsks 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 thatths RELEASE, ASSUMPTION OF RISK and INDEPvINITY 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 C~~I ~ Print ame " Sgnatu e ATNY005\WAIVER:ORG 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. Exhibit C 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. 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. 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 ofthe 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 six±~~ (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. The Depositor agrees to execute the Release of Liability, Assumption of Risk and Indemnity Agreement attached hereto.. The undersigned understands and accepts thi Agreement. Z Sgnatur to n:\csd\art\art conditions