2003-030-Authorizing The Town Manager To Execute A Loan Receipt With Philip Lange For The Artwork "Los Gatos Pescado"RESOLUTION 2003 - 30
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOAN RECEIPT WITH PHILIP
LANGE FOR THE ARTWORK "LOS GATOS PESCADO"
WHEREAS, the artist Phil Lange has offered the loan of his sculpture "Los Gatos
Pescado" 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 Phil Lange
(attached as Exhibit A) for the sculpture "Los Gatos Pescado" to be installed on the kiosk on the
corner of Main St. and Fiesta Way.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on April 7, 2003 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNE15
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF WS GATOS
LOS GATOS, CALIFORNIA
Exhibit A
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TOWN OF LOS GATOS
LOAN RECEIPT
Date: � S — 0
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Loaned By: l . t �J >
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Address: I L l H ` o ID lK. (Q UQ CE -:® Dc
Phone Number: (`'C 1 ; 7
Term of Loan: From ` � 5 To h < " C>
Town has option to buy.
I have read and unde ood the "Conditions of . n."
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Received From: y.
Signature
Received By:
Town Manager
(Must be completed)
Artist: ( `F T LA 6 16 6
Description of Artwork:
Title: h I- V ,� & IqT6 C� 0 a c I T) c "
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Value of Artwork: < 1 5 oo, oc)
* Appraisal has not been obtained by the Town.
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Exhibit B
g own nF TOWN OF LOS GATOS
RELEASE OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT
S OS GASE
Lt's N Coe (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.)
C
C-1 I
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.
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Date
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Print Name
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Signature
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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.
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 Work(s) by all photographic
means available. It is understood and agreed that all copyrights remain the propertyof 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.
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S gnature Date
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