2004-093- Authorizing The Town Manager To Execute A Loan Receipt With Marilyn Kuksht For The Artwork Portals And PassagesRESOLUTION 2004 - 93
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 Panei :and the Arts Commission have recommended to
Council that the loan of the .artwork be extended for five years.
NOW, THEREFORE, THE TOWN COUNCIL OF 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 Marilyn Kuksht for the sculpture "Portals
and Passages," for the period June 30, 2002 to June 30, 2009, attached as Attachment
4; 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:
COUNCIL MEMBERS;
AYES: Sandy Decker, Diane McNutt, .Joe Przynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS : None
ABSENT: None
ABSTAIN: None
"Yw-~-~!r~L«..sa.r~.
.SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF '"I'~IE TOWN OF L GATO
LOS GATOS, CA_LIFORNLA
2
TOWN OF LOS GA'I`OS
LOAN RECEIPT
(Please :~11 out all applicable areas ixi block letters.).
DATE: _ April 12, 2004
FROM: .Marilyn ICuksht
ADDRESS: 220 Ha.]ppy Valley Road .
Santa Cruz, CA 95065
PHONE: (831Z~42C-1935
TERM OF LOAN: FROM June 30, 2002. TO June 30,,,2009
• 'Y'awn and Artisthave aption to terminate
the loan with a one month notice.
• Tawn has option to buy.
I have read and understood the "Conditions of Loan."
RECEIVED FROM:
Signa e
RECEIVED BX:
Yawn Manager
-- ~§~r.~i(~,/}dS~4.y~/''(~('~,~:4 (~,j~~'j)d it YY 1V ii.irEi1LR~.
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of-$
ARTIST: Marilyn. I~.uksht TITLE:."Portals and Passages"
DESCRIPTION: A 9' x 6'3" x 3`6" fabricatedsteel sculpture to be installed on the
Civic.Center lawn in Jw1e 20Q2.
VALUE• X50.000
* Appraisal has not been obtained by the Town.
Exhibits:
A. Conditions oI' Loan
B. Release of Liability, Assumption of Risk .and Inde~rmity Agreement
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Exhibit A
CON)pITIONS OF I,OA.TT
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 'l'awn, aaad 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 Depositoi° for
the loan of the Work(s).
2. Absent a separate written agreement to the contrary'between he Town and the Depositor, the
Town will- exercise the same care with respect to the Worlc(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 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 Worle(s) by all photographic
means available. It is understood and agreed that all copyrights remarn 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 Worlc{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. lu such event,
the Work{s) shall be removed and relocated vy the Depositor. If the Work(s) is/are not
reclaimed by the Depositor- within sixty (off) days from the date of the Native of Termitation,
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
gih; 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.
Si nature Date
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~ ~ ~ Exhibit E
TO'VUN OF LOS GATOS
1° x ~ RELEASE OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT
~ GA ~'
Marilyn T~;uksht (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.)
"Poz-tals an Passa es " a 9'x6'3" 3'6" fabricated steel scut ttzre. In to led on the Civic Ce ter lawn
Jzu~ze Za02. and
includes the installation azld removal of the Artwork, any failure of the Artwork resultizig from faulty
design, construction, installation or maintenaz~zee, whether willful or negligent, and any damage to
the Artwork, no matter what the cause.
The Undersigned does hereby WAIVE, RELEASE AND IaISCHARGE the Town of Los Gatos, its
officers, agents and employees (hereinafter referred to collectively as "Town") froze any and all
.claims for damages, personal inj ury, 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 ar carelessness on the part of the Town.
It is recognized that there are certain risks inherent in the .activity the [.7ndersigned 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 froze participation in this event
or activity whether such risks are known or tznlcziown, and to release, discharge, hold 1larmless 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. .
Tt is understood and agreed that this RELEASE, AS SUMPTION OF RISK arzd 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
N:1CSD\Public Art\publicartrelease.wpd