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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 N:1C5P\Public Art\pubticartrelease.wpd