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Home My WebLink AboutCC Resolution 12131 (Art Structure Installations)RESOLUTION NO. 12131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING A LICENSE AGREEMENT FOR TEMPORARY ART STRUCTURE INSTALLATIONS FROM OCTOBER 7, 2006 THROUGH NOVEMBER 15, 2006 WHEREAS, the San Rafael Downtown Vision states that there is a goal to make the Downtown "a more interesting and exciting place"; and WHEREAS, the City of San Rafael participated and supported last year's temporary public art installations; and WHEREAS, Phyllis Thelen, Executive Director of Art Works Downtown, has requested that the City participate and allow Artworks Downtown to temporarily install pieces of artwork in public places in and around the City of San Rafael including San Rafael City Plaza, San Rafael Library, Falkirk Cultural Center, City Hall Terrace, B Street Community Center, A Street (Palm Ave. extension) and the parking space in front of Art Works Downtown from October 7th to November 15th, 2006; and WHEREAS, after reviewing plans for the temporary art installations, City staff has determined and recommended that, in the interest of cultural diversity and for residents, workers and visitors of the Downtown corridor, the City Council shall authorize the Economic Development Director to enter into a license agreement with Art Works Downtown to allow the temporary art installations in accordance with the conditions as listed in the license agreement. THF CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: 1. The Council finds that all of the above facts are true and correct. 2. The temporary art installation as described is hereby allowed as a trial program pursuant to the terms and conditions of the License Agreement. 3. The Economic Development Director is hereby authorized to execute a License Agreement with Art Works Downtown for the temporary art installation trial program, in a form approved by the City Attorney. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the second day of October, 2006, by the following vote, to wit: AYES: Councilmembers: Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Cohen JE M. LEONCINI, City Clerk Ili �i 'j V �I a t� \aN3� TEMPORARY ART INSTALLATION LICENSE AGREEMENT This Agreement is made and entered into as of the 2nd day of October, 2006, by and between the City of San Rafael, a Charter City ("City") and Art Works Downtown ("Licensee"). RECITALS: A. Licensee desires to install temporary art for public display on City property. B. City is willing to grant a license to Licensee for use of the City property, on the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. License. The City grants Licensee permission to occupy and use that portion of the City's property for art display purposes (the "premises"), and to place certain approved personal property and removable improvements thereon, in accordance with the terms and conditions specified herein and as shown in Exhibit A. In addition a sign identifying dates of installation shall be installed. 2. Term. Except as terminated as provided hereafter, the term of this Agreement shall be from October 7 to November 15, 2006. This Agreement also maybe terminated as follows: (a) If Licensee defaults with respect to any obligation, covenant or condition of this Agreement, and fails to correct the default within one (1) day after receipt of notice from City to do so, City may immediately terminate this Agreement by giving notice to Licensee. (b) City may terminate this Agreement upon five (5) days notice to Licensee, if City determines that Licensee's use of the premises constitutes a public nuisance, unduly impedes or restricts the movement of pedestrians, or creates an undue risk to public health or safety. 3. License Personal. The license herein granted is person to Licensee and no right hereunder may be assigned, sublet or otherwise transferred in whole or in part. 4. Surrender and Restoration. Upon termination of this Agreement, Licensee, at its sole cost and expense, shall remove any improvements placed on the premises, remove any personal property therefrom, restore the premises to its original condition, and cease any further use of the premises as provided herein. Should Licensee neglect to restore the premises to a condition satisfactory to City, City may perform such work or have such work performed, and Licensee shall immediately reimburse City for all direct and indirect costs associated with such work upon receipt of a statement therefore. liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of the owner's officers, agents and employees or from any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorneys fees and administrative costs arising out of, resulting in any way, or connected with, in whole or in part, this Agreement or Licensee's occupancy, use or misuse of the premises, including any improvements or personal property located thereon. 6. Insurance. Licensee shall maintain in effect during the term of this Agreement, at no expense to City, insurance in a form approved by the City Attorney, as follows: (a) Worker's Compensation insurance with statutory limits as required by the Labor Code of the State of California. Said policy shall be endorsed with the following specific language: "This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of San Rafael, Risk Manager." (b) Comprehensive General Liability Insurance, in the minimum amount of one million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, and property damage. Said policy shall be endorsed with the following specific language: (i) "The City of San Rafael, its officers, employees and volunteers, are named as additional insureds under this policy." (ii) "The insurance provided herein is primary coverage to the City of San Rafael with respect to any insurance or self-insurance maintained by the City, and shall not call upon City's insurance or coverage for any contribution." (iii) "This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of San Rafael, Risk Manager." (c) Licensee shall submit to the City properly executed Certificates of Insurance evidencing all coverage, limits and endorsements as required above, and renewal certificates during the term of this Agreement. Within 30 days of City's request, Licensee shall submit to City certified copies of the insurance policies and endorsements. 7. Compliance with Laws. Licensee shall observe and comply with all applicable federal, state, City, or other governmental statutes, ordinances, and regulations now in force or which hereafter may be in force, including the Americans with Disability Act (ADA). 9. Notices. Any notice required or permitted to be given under this Agreement shall be in writing. Delivery of such written notice shall be deemed sufficiently given forty-eight (48) hours after deposit in the United States Mail, registered or certified, return receipt requested, with postage thereon fully prepaid, or upon personal delivery, addressed as follows: If to City: Economic Development Director City of San Rafael 1313 Fifth Avenue, P.O. Box 151560 San Rafael, CA 94915-1560 2 If to Licensee: Phyllis Thelen Art Works Downtown 1337 Fourth Street San Rafael, CA 94901 Either party may at any time change its address for notices by giving written notice of such change in the manner provided above. 11. Risk of Loss. Licensee shall assume all risk of loss, damage, or injury to Licensee, or its property, arising out of or connected to its use or occupation of the premises pursuant to this Agreement. 12. Attorney's Fees. If either party should commence a legal action or proceeding to enforce the terms of this Agreement, the prevailing party in the proceeding shall receive, in addition to court costs, reasonable attorneys' fees, including the reasonable value of services rendered by the City Attorneys' Office. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF SAN RAFAEL NANCY MACkLE Economic Development Director ATTEST: A ANNE M. LEONCINI City Clerk 3 LICENSEE PH`YLLIS THELEN President Art Works Downtown ABOUT THE INSTALLATION ARTISTS AND THEIR WORKS 1. MARK GRIEVE Mark installed two pagodas in the Plaza area last time we did this project. Since, he was awarded a grant to create the "Temple of Hope" at Burning Man 2006. He also will be showing his drawings and paintings in the gallery at Art Works Downtown beginning October 4'. His installation will be created on site and should generate interest in the process as well as the finished result. Sample of work attached. 2. VIRGINIA LINDER Virginia also created a work at Burning Man 2006. She is a successful artist who has shown at the Bolinas Museum and lobbies in S.F. She will be creating an abstract work for a designated place at Falkirk composed of steel and fiberglass it will be safe and attractive. See samples of her work- attached. orkattached. 3. PETER ENGEL Peter is an architect by trade, but he is also known also for his origami installations and demonstrations world wide. His piece intended for City Hall was recently displayed at the De Young Museum. Combining his building design and origami principles, lie constructs large scale sculptures which are unique. See image of his work attached. 4. BRIAN TEDRICK Brian will be installing a highly acclaimed piece he created for Burning Man 2006. Looking somewhat like a blowfish, it is constructed of steel, wood and stone, standing about 8 feet tall and turning on a radius of about 10 feet. See photo page. 5. LILLON BANDALIN Lillon recently graduated Sonoma State University with a specialty in sculputre and currently resides in an apartment at Art Works Downtown. This will be her first public installation in San Rafael and we predict an important future for her. "The Cradle" (See photo) seems to be made for the same tree at the Library where we installed the angel last time. �. STAN GIBBS Stan, a graduate in art from Dominican University, is an associate at Art Works Downtown. This will also be his first public art installation which will be up for two weeks within our month long period of activity from October 7 to November 15. At this time, we do not have a final sketch of his intended work. DENNIS .PATTON Dennis is known locally for his metal sculpture of Sir Francis Drake at Larkspur Landing and for his reclining woman at the Bon Air Shopping Center. He is featured along with a few other public art artists in the Smithsonian for his sculpture installed at the Iowa City airport. His work (see photo) is intended for the Plaza in San Rafael. 09/19/2008 14:34 FAX 5102738867 SAVLBR&HILL IR 002/002 ACORD,M CERTIFICATE OF LIABILITY INSURANCEDATE(MM/ODIYYYY) 9 14/2006 PRODUCER (510)273-5888 FAx (510)273-8867 I THIS CERTIFICATE IS ISSUED AS A MATTER a INFORMATION Saylor and Hill CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1939 Harrison St. #900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland CA 94612 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:NCInprOfitB Insurance Art Works Downtown, Inc. I INSURER B: Fireman I a Fund (INSURER 1337 - 4th Street INSURER D! San Rafael CA 94901 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INBRO TYPE OF INSURANCE POUCY NUMSSR DATE. POLICY EFFECTIVE POLICY (MWOMNYOIN LIMITS GENERAL LIABILITY I EACH tG gCE 6 DAA �IED 1,000,000 2 COMMERCIAL GENERAL LIABILITY PREM( IEe oed,nenoo) S 33� 100,000 A CLAIMS MADE a OCCUR 0006-15677-Np0 6/4/2006 6/4/2007 MED EXP (Any aneowicn) S 10,000 PMSONALdADV INJURY S 11000,000 GENERAL AGGREGATE I$ 3,000,060. GEN'L AGGREGATE LIMIT APPLIES PER; I PRODUCTS. CCIMPIOP AGG 15 3,000,000 7 FI F-1 POLICY JPIOT LOC I I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea occldenq I S ALL OWNED AUTOS BODILY INJURY — SCHEDULED AUTOS (Per Perron) b _ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per ecddano I b PROPERTY DAMAGE $ (Par acddenl) GARAGE LIABILITY I AUTO ONLY -EA ACCIDENT S ANY AUTO I OTHER THAN EA ACC S AUTO ONLY: AGG 6 EXCESSIUMBRELLAWABIUTY E IS 4,000,000 OCCUR F] CLAIMS MADE AGGREGATE_ I S 4,000,000 F H DEDUCTIBLE XAE00067964151 6/4/2006 6/4/2007 I S S REYENTION S WORKERS COMPENSATION AND ORY L1MIT9 OER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH gCCIDBNT b OFFICER/MEMBER EXCLUDED7 I E.L. DISEASE - EA EMPLOYEE( S If yet. detcHhe Under SPECIAL PROVISIONSoelow I E.L. DISEASE -POLICY LIMIT I9 OTHER I I DESCRIPTION OF OPERATIONSILOCATIONSNENICLEs)ExCLu5IONS ADDED BY ENDOR9eMENTISPECIAL PROVISIONS With reepect to art work installation for the period 10/706 to 11/15/06 the certificate holder in hereby named an an additional insured under the named inaured'e Policy, Policy in primary. CERTIFICATE HOLDER City of San Rafael, its officers, agents and employees Economic Development Director Community Development Departm■ P.O. box 151560 San Rafael, CA 94915-1560 CANCELLATION SHOULD ANY OP THE ABOVE 99SCRIQED POUCISO 01 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL X%VaQQkXXX MAIL V 30 DAYS WRITTLN NOTICE TO THE CERTIPICATE HOLDER NAMED TO THp LEFT, "x �iiL�ii�TK�SaCsi6IXi �4�4�CdG�C�4�J41�dW4�C Ne?�ia�Fa�4a�'s�u�IfsYolb�f df�#s�3(,ui>�. AUTHORIZED REPRESENTATIVE Kevin Mirsky/DE LAA - 1rZ ACORD 25 (2007/08) a ACORD CORPORATION 1888 INS025 pina).0a AMS VMP Mnrlgogo SduHons, Inc. (000)321-0545 Pape 1012 09/19/2008 15:14 FAX 51027388PI POLICY NUMBER: 2006-15677—NPO SAYLOR&HILL 0 002/002 COMMERCIAL GENERAL LIABILITY CG 2012 07 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Political Subdivision: Any State or Political Subdivision that Issues a permit to the named Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an Insured any state or political subdivi- sion shown in the Schedule, subject to the following provisions: 1. This Insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has Issued a permit, 2. This insurance does not apply to: a. "Bodily injury," "property damage" or "personal and advertising injury" arising out of opera- tions performed for the state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". CG 2012 07 98 Copyright, Insurance Services Offlce, Inc„ 1997 Page 1 of 1