HomeMy WebLinkAbout4.02 EmeraldGlenParkArt
CITY CLERK
File # DI6JPJI01-!ðC]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 1, 2005
SUBJECT:
Emerald Glen Park - Public Art
Report Prepared by Rosemary Alex, Parks and Facilities
Development Coordinator
ATTACHMENTS:
1) First Amendment to Agreement among the Dublin Fine Arts
Foundation and the City of Dublin and Ned Kahn relating to the
provision of Artistic Services for a.Public Art Project
RECOMMENDATION: ~) Approve and authorize Mayor to execute the First Amendment
ÐU . '\ to Agreement
FINANCIAL STATEMENT: None
DESCRIPTION: On April 2, 2002 the City entered into a three-way agreement with
the Dublin Fine Arts Foundation and Artist Ned Kahn to complete a public art project at Emerald Glen
Park. The terms of the agreement included a one-year guarantee on the Work.
_During the course of construction the Artist was required to be on site during a critical point in the project.
~e to unforeseen circumstances. on their behalf, the Artist and his representative did not show up. As
this was an important part of the installation, the· City had requested that the warranty period for the
artwork be extended from the original one-year period to three years. The Artist and the Dublin Fine Arts
Foundation have agreed to the extension oftime.
RECOMMENDATION:
following action:
It is the recommendation of Staff that the City Council take the
1) Approve and authorize Mayor to execute the First Amendment to Agreement
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COPIES TO:
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Dublin Fine Arts Foundation and Ned Kahn
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FIRST AMENDMENT TO
AGREEMENT AMONG THE DUBLIN FINE ARTS FOUNDATION
AND THE CITY OF DUBLIN AND NED KAHN
RELATING TO THE PROVISION OF ARTISTIC SERVICES FOR
A PUBLIC ART PROJECT
This First Amendment To the Agreement among the Dublin Fine Arts Foundation and
the City of Dablin and Ned Kahn Relating to the Provision of Artistic Services for a
Public Art Project dated April 2, 2002, by and among the DUBLIN FINE ARTS
FOlJNDATION ("Foundation"), THE CITY OF DUBLIN ("City"), and NED KAHN
("Artist").
RECITALS
WHEREAS, the Foundation, the City, and the Artist have previously entered into an
agreement commissioning original artwork as a permanent installation in Emerald Glen
Park ("Park"); and
WHEREAS, in Article 4.2 the Artist guaranteed Work ITee from faults of material
and workmanship for a period of one (I) year after final acceptance by the Foundation
and City and delivery ITee and clear of any liens, applying only to the Work entirely that
of Artist or persons responsible to Artist.
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NOW, THEREFORE, in consideration of the covenants contained herein, the parties
hereto agree as follows:
AMENDMENT
Article 4 of the Agreement, "W ARRANTIES/STANDARDS" at Article 4.2, is amended
to delete the guarantee "for a period of one (I) year" and instead add the guarantee "for a
period of three (3) years" after fmal acceptaace by the Foundation and City.
IN WITNESS THEREOF, the parties hereto have executed this amendment as ofthe day
and year written below.
AGREED TO THIS I'V/'Z-'l
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DUBLIN FINE ARTS FOUNDATION
, 2004 by:
ARTIST
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Martin W. Inderbitzen, President
Ned~~
11650 Graton Road
Sebastapol, CA 95472
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CITY OF DUBLIN
APPROVED AS TO FORM
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Elizabeth H. Silver, City Attorney
Janet Lockhart, Mayor
Attest:
City Clerl~
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