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HomeMy WebLinkAbout4.06 AmendAgmtDisplaysSculpture ~'~~ __ ,,_ y _,\>1.w""-: . ''P...~~'J'. .' .; .' \" CITY CLERK File # D[lQ[l1J~-l3J[o] " AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 6,1997 SUBJECT: Amendment to Agreements for the Temporary Displays of Sculpture at the Dublin Civic Center. Report by: Diane Lowart, Parks & Community Services Director EXHIBITS ATTACHED: A. First Amendment To Extend Time - Steel Watercolor No. 99 B. Second Amendment to Extend Time - Sirius RECOMMENDA nON: {1V.rA- Authorize Mayor to Execute Amendments FINANCIAL STATEMENT: None DESCRIPTION: The City of Dublin currently has two large scale sculptures on loan from KLMLP, LP (formerly Kemper Real Estate Management Company). The sculptures include "Sirius" a 47' by 18' bronze sculpture created by internationally known bay area artist Peter V oulkos, and "Steel Watercolor #99" a 22 1/2 foot tall sculpture by another bay area artist, Fletcher Benton. The agreement terms for both agreements have expired but there are provisions for extension upon written approval of all parties to the agreements. Both the Dublin Fine Arts Foundation and the KLMLP, LP have indicated a desire to extend the loans for an additional year. Attached in Exhibit A and B are amendments to the agreements prepared by the City Attorney. The amendments provide for one year extensions and, additionally, authorizes the City Manager to further enend the consignment terms for up to two additional one year periods upon written request from both the Dublin Fine Arts Foundation and KLMLP, LP. It is recommended that the City Council authorize the Mayor to execute the amendments. ---------------------------------------------~------------~-------- COPIES TO: KLMLP, LP Dublin Fine Arts Foundation 4~6 ITEM NO. F Id faf- m iscfcc56ext.d oc , . ." e;: .'.~ FIRST AMENDMENT TO EXTEND TIME THIS FIRST AMENDMENT TO EXTEND TIME is made and entered into as of the _ day of , 1997, by and between the Dublin Fine Arts Foundation, a non profit corporation (hereinafter called "DF AF"), KLMLP, LP, a Delaware limited partnership (hereinafter called "KLMLP"), and the City 'of Dublin, a municipal corporation, (hereinafter called "City"), amending the Agreement dated March 26, 1996. RECITALS WHEREAS, DFAF, The City, and Kemper Real Estate Management Company entered into an Agreement dated March 26, 1996 for the consignment of the sculpture titled "Steel Watercolor No. 99"; and WHEREAS, this sculpture is now owned by KLMLP; and WHEREAS, the party to this Agreement wish to extend the term of this consignment as provided for in Section 4A of the March 26, 1996 Agreement. Now therefore the parties agree as follows: 1. The parties hereto agree to extend the consignment term of the "Steel Watercolor No. 99" sculpture for an additional one year period from the date of execution of this First Amendment to Extend Time. 2. All provisions, terms, and covenants of the original Agreement regarding consignment of the sculpture, the rights and responsibilities of the parties, the term of the consignment, signs, insurance, defects or damage, and notice shall remain in full force and effect during the term of the extension of this consignment. In witness whereof, parties hereto have set their hand to this First Amendment to Extend Time. First Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation Page 1 of2 April 8, 1997 DUBLIN FINE ARTS FOUNDATION By: President CITY OF DUBLIN By: Mayor KLMLP, LP By: Its: J:\WPD\MNRSW\114\AGREE\WTRCLRl.AMD PCW:pcp:rja -ATTEST: By: First Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation City Clerk Page 20f2 April 8, 1997 .. e.: . . .' .- SECOND AMENDMENT TO EXTEND TIME This Second Amendment to Extend Time entered into as of the day of , 1997, by The Dublin Fine Arts Foundation, a non-profit corporation (hereinafter called "DFAF"), KLMLP, LP, a Delaware limited partnership (hereinafter called "KLMLP"), and the City of Dublin, a municipal corporation, (hereinafter called "City"), amending the Agreement dated August 24, 1994 and the First Amendment to Extend Time dated January 9, 1996. RECITALS WHEREAS, the Agreement dated August 24, 1994 was entered into by The DFAF, The City, and Kemper Real Estate Management Company for the consignment of the sculpture titled "Sirius", and WHEREAS, a First Amendment to Extend Time dated January 9, 1996 was entered into by the parties to the August 24, 1994 Agreement and provided for an extension of the consignment term for an additional one year period; and WHEREAS, the First Amendment to Extend Time allowed the consignment term to be extended for two additional one year periods upon written request from both DF AF and Kemper Real Estate Management Company, and WHEREAS, the sculpture titled "Sirius" is now owned by KLMLP, and WHEREAS, the parties to this Second Amendment to Extend Time wish to extend the consignment term for an additional one year period. Now therefore the parties agree as follows: 1. The parties agree to extend the consignment term of the "Sirius" sculpture for an additional one year period from the date of execution of this Second Amendment to Extend Time. 2. All provisions, terms, and covenants of the First Amendment to Extend Time and the original Agreement regarding consignment of the sculpture, the rights and responsibilities of the parties, the term of the consignment, signs, insurance, effects or damage, and notice shall remain in full force and effect during the term of the extension of the consignment. In witness whereof the parties hereto have set their hand to this Second Amendment to Extend Time on the date first written above. Second Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation Page 1 of2 April 8, 1997 DUBLIN FINE ARTS FOUNDATION By: President CITY OF DUBLIN By: Mayor KLMLP, LP By: Its: J;\ WPD\MNRSW\114\AGREE\SIRIUS2.AMD PCW;pcp;rja Second Amendment to Extend Time Between City of Dublin and Dublin Fine Arts Foundation '-ATTEST: By: City Clerk Page 2of2 April 8, 1997 . e:. .