HomeMy WebLinkAbout4.07 Final Acceptance Gaia Sculpture � A
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 11, 1991
SUBJECT: Final Acceptance of Sculpture - "Gaia" (Ned Smyth 1991)
from the Dublin Fine Arts Foundation
Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: Resolution
RECOMMENDATION: Adopt Resolution.
FINANCIAL STATEMENT: The sculpture has been offered to the City as a -
gift and the cost of the commission is being paid
by private donations to the Dublin Fine Arts
Foundation.
DESCRIPTION: At the City Council meeting on December 11, 1989, the
City Council adopted Resolution No.- 132-89 which approved an agreement with
Dublin Fine Arts Foundation and E. L. Smyth Inc. The agreement defined the
terms and conditions for the display of a sculpture to be commissioned by
DFA for the Civic Center courtyard.
DFA agreed to transfer ownership of the artwork once the sculpture was
installed. The official unveiling of the work titled "Gaia" occurred on
January 22, 1991. The agreement provides that final acceptance should not
exceed 30 days. The final acceptance allows the Artist to proceed with the
transfer of ownership. The agreement also provides that the work is
guaranteed for three years against defects in design, workmanship, and
materials.
The final acceptance proposed by the attached Resolution is subject to
certain conditions. This is necessary to allow for acceptance within the
stated timeframe, provided that the other parties meet their obligations.
For example, the Artist will not transfer title until such time as the
final payment is made. The final payment by the Foundation cannot occur
until such time as the City has accepted the Sculpture. The agreement also
specifies that the Artist is to provide the City with certain maintenance
information. The proposed Resolution addresses these conditions.
Staff recommends that the City Council adopt the proposed resolution.
a:s2-11art.doc.agenda
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COPIES TO:
Ron Nahas, DFA President
Lynne Baer, DRA Executive Director
Shelby Van Meter, Art Consultant
ITEM NO.
RESOLUTION NO. - 91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
FINAL ACCEPTANCE SUBJECT TO CERTAIN CONDITIONS
OF A SCULPTURE FROM THE DUBLIN FINE ARTS FOUNDATION
"GAIA" - NED SMYTH 1991
WHEREAS, the City of Dublin entered into an agreement dated
December 11, 1989 (AGREEMENT) with the Dublin Fine Arts Foundation (DFA)
and E. L. Smyth, Inc. (Artist) ; and
WHEREAS, said AGREEMENT provided for DFA to commission an original
sculpture created by the Artist; and
WHEREAS, the sculpture was to be installed in the courtyard at the
Dublin Civic Center; and
WHEREAS, DFA agreed to transfer ownership of the artwork to the
City upon installation; and
WHEREAS, the project is the first effort by DFA to place a
permanent work of art for the enjoyment and enrichment of the public;
and
WHEREAS, the sculpture has been installed and inspected by the City
Public Works Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby accept the sculpture "Gaia" pursuant to the AGREEMENT
and subject to the following conditions:
1. A "Sale of Work of Art with Warranty of Title"
substantially similar to Exhibit A hereto attached and by
reference made a part hereof, shall be executed by the
Artist and a copy provided to the City. Said document
transfers the ownership of the sculpture from the Artist
to DFA.
2 . A "Certificate of Sale with Warranty of Title"
substantially similar to Exhibit B, attached hereto and
by reference made a part hereof, shall be executed by DFA
and delivered to the City. Said document transfers
ownership of the sculpture from DFA to the City of
Dublin.
3 . Subject to Section 10A of the AGREEMENT dated December
11, 1989, the Artist shall provide complete information
on appropriate care and maintenance of the sculpture.
This shall include information on the interior structure,
fabrication methods, and materials pertinent to the
possibility of later repair or restoration.
SALE OF WORK OF ART WITH WARRANTY OF TITLE
1. This agreement is made between E.L. SMYTH, INC. , herein
called "ARTIST" and the Dublin Fine Arts Foundation, herein called
"DFA. "
2 . The ARTIST has created a work of art which is described
as the "Work" in the Agreement between ARTIST, DFA and the City
of Dublin dated December 11, 1989, a copy of which is attached
hereto and incorporated herein (herein "AGREEMENT") . ARTIST
covenants that it is the sole owner of the "Work" and of all right,
title and interest therein.
3 . In consideration of the sum of $100, 000, receipt of which
is hereby acknowledged, ARTIST hereby conveys, grants, assigns ad
transfers to DFA all right, title and interest in the "Work" except
for those rights reserved to ARTIST by the AGREEMENT.
4 . ARTIST, for itself, its heirs, executors and
administrators covenants and agrees to warrant and defend the sale
of the "Work, " to DFA, its executors, administrators and assigns,
against all lawful claims.
E.L. SMYTH, INC.
By:
Dated:
114\misc\art-sale.ehs
EXHIBIT A
CERTIFICATE OF SALE WITH WARRANTY OF TITLE
1. The Dublin Fine Arts Foundation, E.L. Smyth, Inc. and the
City of Dublin are parties to an Agreement dated December 11, 1989,
(herein the AGREEMENT) , a copy of which is attached hereto and
incorporated herein, for the creation of a work of art (herein the
"Work") by E.L. Smyth, Inc.
2 . Pursuant to the AGREEMENT, E.L. Smyth, Inc. has conveyed
the "Work" to the Dublin Fine Arts Foundation except for those
interests reserved by the AGREEMENT.
3 . The Dublin Fine Arts Foundation hereby conveys, grants,
assigns and transfers to the City of Dublin all right, title and
interest in the "Work" except for those rights reserved to E.L.
Smyth, Inc. by the AGREEMENT:
4 . The Dublin Fine Arts Foundation, for itself, its heirs,
executors, administrators and assigns, covenants and agrees to
warrant and defend the sale of the "Work" to the City of Dublin,
its successors and assigns, against all lawful claims.
Dublin Fine Arts Foundation
By:
Dated:
114\misc\art-sale.ehs
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