HomeMy WebLinkAboutCC Resolution 11701 (Art Pieces at City Plaza & Library)RESOLUTION NO. 11701
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL AUTHORIZING THE
TEMPORARY INSTALLATION OF TWO ART PIECES AT
SAN RAFAEL CITY PLAZA AND THE LIBRARY LAWN
FROM JANUARY 25 - FEBRUARY 26, 2005
WHEREAS, the San Rafael Downtown Vision states that there is a goal to make the Downtown
"a more interesting and exciting place."
WHEREAS, Phyllis Thelen, Executive Director of Artworks Downtown, has requested that the
City participate in the Offerings and Sanctuaries art project by providing space at the San Rafael
City Plaza for a temporary art installation of Mark Grieve's Pagoda Temples and the main Library
lawn for the temporary art installation of Annie Hallett's Spinning Angel from January 25, 2005 to
February 26, 2005.
WHEREAS, after reviewing plans for the temporary art installations, City staff has determined and
recommended that, in the interest of cultural diversity and to residents, workers and visitors of the
Downtown corridor the City Council shall authorize the Economic Development Director to enter
into a license agreement (See Attachments A and B) with Artworks Downtown to allow the
temporary art installations in accordance with the conditions as listed in the license agreement.
THE 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 to be 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 Tuesday, the eighteenth day of January, 2005, by the
following vote, to wit:
AYES: Councilmembers: Miller, Phillips and Vice -Mayor Heller
NOES: Councilmembers: None
ABSENT: Councilmembers: Cohen and Mayor Boro
JE A X'V M. LEONCINI, City Clerk
®�a
INTERACTIVE INSTALLATION: Two Pagoda Temples
ARTIST: MARK GRIEVE: Local Artist known for his paintings and participation
in art installations. He has recently received a $40,000 grant for an
installation at the 2005 Burning Man Festival.
DIAGRAM: See layout and description
DESCRIPTION Mark will build two pagoda style temples which will be 7 feet tall. The
base is 5' X 5'. The roof is 58" by 65". One will be stained red, the other left natural. He
will provide fibrous string in each one and expects the public, one by one, to cut and tie
string on the pagodas until they become "fuzzy". Vandalism does not worry him,
believing that is part of an art installation process.
Layout: Attached
Location: Mark would like to place them near to the sidewalk on Fourth Street
at The Town Center Plaza.
Time Schedule: For a period during Art Works Downtown's show," Offerings
and Sanctuaries" January 20 to February 25. Can be longer or shorter.
Monitor and Security; Provided daily.
Cleanup Plan: Mark and his crew will take it down.
Volunteer Tasks Possible assistance with power and lighting hook up. Also with
final clean up after deconstruction.
Power Requirements: Would like to light them. Power is there.
INSURANCE CERTIFICATE: Art Works Downtown has the added insurance for this
space already and only needs the time period to be covered.
Attachment A
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TEMPORARY ART INSTALLATION
LICENSE AGREEMENT
This Agreement is made and entered into as of the 18th day of January, 2005, 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 WHEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. License. The City grants Licensee permission to use that portion of the City's property, as
shown in Exhibit A (the "premises" herein), for the placement of certain works of art and a
related identifying sign, as designated in Exhibit B ( "artworks", herein) in accordance with
the terms and conditions specified herein.
2. Term. Except as otherwise terminated as provided herein, the term of this Agreement shall be
from January 25, 2005 to February 26, 2005. This Agreement also may be 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 all artworks, signs and any other personal property placed on the
premises, restore the premises to its original condition, clean the premises 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 therefor.
5. Indemnification. Licensee shall indemnify, release, defend and hold harmless the City, its
officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss,
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) License shall submit to the City properly executed endorsements naming the City, its
officers, agents, employees and volunteers as additionally insureds, Certificates of
Insurance evidencing all coverage, limits and endorsements as required above, and
renewal certificates during the term of this Agreement.
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).
8. Notices. Any notice required 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
OJI
United States Mail, registered or certified, return receipt requested, with postage thereon fully
prepaid, or upon personal delivery, addressed as follows:
If to City: Nancy Mackle, Economic Development Director
City of San Rafael
1313 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
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.
9.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.
I O.Attornev'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 MACKL4
Economic Development Director
LICENSEE:
�• .ice'." PHYLLIS THELEN
Executive- Director
ATTEST:
JL� M. LEONCI I, City Clerk
3
Dated: //Z,
LICENSEE: /2 -
i
Dated:
APPROVE OS TO FORM:
/, cc
b1fS GUBI AN; Asst. City�Attomey
INTERACTIVE INSTALLATION: Two Pagoda Temples
ARTIST: MARK GRIEVE: Local Artist known for his paintings and participation
in art installations. He has recently received a $40,000 grant for an
installation at the 2005 Burning Man Festival.
DIAGRAM: See layout and description
DESCRIPTION Mark will build two pagoda style temples which will be 7 feet tall. The
base is 5' X 5'. The roof is 58" by 65". One will be stained red, the other left natural. He
will provide fibrous string in each one and expects the public, one by one, to cut and tie
string on the pagodas until they become "fuzzy". Vandalism does not worry him,
believing that is part of an art installation process.
Layout: Attached
Location: Mark would like to place them near to the sidewalk on Fourth Street
at The Town Center Plaza.
Time Schedule: For a period during Art Works Downtown's show," Offerings
and Sanctuaries" January 20 to February 25. Can be longer or shorter.
Monitor and Security; Provided daily.
Cleanup Plan: Mark and his crew will take it down.
Volunteer Tasks Possible assistance with power and lighting hook up. Also with
final clean up after deconstruction.
Power Requirements: Would like to light them. Power is there.
INSURANCE CERTIFICATE: Art Works Downtown has the added insurance for this
space already and only needs the time period to be covered.
,;-mv�WFIX WIMM
JAN.26.2005 11:35AM SAYLOR & HILL CO.
NO. 297 P.1/3
ACORD CERTIFICKTE OF LIABILITY INSURANCE DAV(MMIDD/YY)
iM 02/14/2005
PRODUCER THIS CEFITIFICATI~ 16 ISSUED AS A MATTER OF INFORMATION
SAYLOR & HILL CnMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1939 Harrison Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
90 Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland CA 94612 INSURERS AFFORDING COVERAGE
510-2738�138 -.- _ -_-
(NaURED
ART WORKS DOWNTOWN
iINSURFRA; Nonprofits Insurance Alliance
Attr Paula Nailay
IINSURER R: Firemans Fund insurance Company
1337 Fourth Street
I INSURER C,
San Rafael CA 94901
I INSURER a-
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I INSURER E;
COVERAGES
THE POLICIES OF IN9LIRANCE I ISTRID BELOW HAVE SEEN ISSUED TO THE INSUREP NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOcUN1ENT WITH RESPECT TO WHICH THIS c1=RTIFICATF MAY BE 18SUED OR
PAY PERTAIN,BEED
OW MAY HAVE CLAIMS su13JECr TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
ACIGRE:OATE LIMITS SHSURANCE
EEN REDUCED Y PAID_
7pR TYPE of INSURANCE POLICY NUMBER
PAL r�,pOCY_ .L'11pIpAION I LIMITS
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Q ERAL LIABILITY
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DESCRIPTION OF OPERATIONOXOCA)IONsM:HICLPS/EXCLUSIONa ADDED BY qNoOF=MRNTAPECIA4 PROVISIONS
Certificate Holder is an Additional Igswed with respect to Person or Oryanizatjon fora, CG2026 1465, attached hereto,
the referenced General Lia4tlity insurance policy, subject and as respects art/sculpture exhibits at San Rafael Plaza
to all policy tarms, conditions, and limitations, including & San Rafael Library, during the period from I-20-2005 to
without limitation, the Additional Insured - Designated 3-12005,
CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER LETTER:
CITY OF SAN RAFAtL,ifs officers, agents and
ee"10yees, ATIMA
P'0, 6ox 15],560
San Rafael CA 94910
Att: Brian Auger - Facs.415485.3175
AGdpD 2&S (7197)
CANCELLATION
SHOULDANYOP THE ABOVE DESCRIDED POLICIES BE CANCELLEP BEFOryE THF EXPIRATION
DATE THE=RFOF, THE 1SSOINP INSURFR WILL ENOF.AVOR TO RAIL _-H— DAYA YIRITKN
NOTICE TO THE CEHTIFICATE MDLPER MAMER TO THE LETT, BUT FAILURE To PO 50 SHALL
IMPOSE NO OBLIOATION OR LIAWILITY OF ANY KIND UPON THE INSURER, ITS AQENT8 OR
REPRFESeNTATIVUS.
AUTHDRIT-ED RFpRES¢NTATIVF L
0 ACOHD CORPORATION 1998
JAN.26.2005 11:36AM SAYLOR & HILL CO.
NO.297 P.3i3
COMMERCIAL GENPRAL LIABILITY
THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL, INSURED- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART,
SCHEDULE
Name of Person or Organiz;a ion:
Any person or organization that you are required to odd as an additional insured orl this
policy, -under a written contract or agreement currently in effect, or becoming effective
during the term of this policy, and for which a certificate of insurance darning such
person or organization as additional insured has been issued, but only with respect to
their lii iOlty arising out of their requirements for certain performance placed uppn you,
as a nonprofit organization, in consideration for funding or financial contributions you
receive from them. The additional insured status will not be afforded with respect to
liability arising out of or related to your activities as a real estate manager for that person
or organization.
(if no entry appears above, information required to complete this endorsement will he shown in the Declarations as
applicable to thls endorsement,)
VVK0 IS AN INSURED (Section Il) is amended to Include as an insured the person or oganiz�tlan shown in the
Schedule as an Insured but only with rnpect to liability arising out of your operations or premises owned by Qr
ranted to. you,
CG 20 26 1185 Copyright, Insurance Services Office, Inc., 1984 pages 1 of 1 7199
JAN.26.2005 11:35AM SAYLOR & HILL CO.
IMPORTANT
NO. 297 P.2/3
If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this
certificate does not cdnfer rights to the certificate holder In lieu of such endorsement(s),
If SU9ROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policios may require an
endorsement. A statement on this certificate docs not confer rights to the certificate holder in Ilou of such
endorsemant(s).
DISCLAIMER
The Certlflcate of Insurance on the reverse side of this form does not constitute a contract between the issu)ng
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
LCORD 25 (2001108)
in,; INS025 (OWHa .Dl 406 2 of 2
INTERACTIVE INSTALLATION: Spinning Angel
ARTIST: ANNIE HALLATT: Known for super sized parade puppets, theater props
and Burning Man installations.
DIAGRAM: See layout and description
DESCRIPTION: Annie Hallatt's metal sculpture called Spinning Angel stands 15 -feet
tall, 8 -feet across, and is on a 3 -inch diameter pole with 4 guy wires set into the ground
for stability. See photo. It is weatherproof and likes to spin in the wind.
Location: Library Lawn
Time Schedule: For the period of the Art Works Downtown show, "Offerings
and Sanctuaries" January 13 to February 25. However, if the Library Public
wants it and the City of San Rafael approves, it could stay up for two months.
Monitor and Security: Not considered important. If the public respects and
appreciates the installation, fine. If not, it can come down at any time.
Cleanup Plan: Removal by the same crew that installed. I think we may need
volunteers to help Annie Hallatt. A small hole should be dug down about 2 -feet
to hold the 3 -inch pole.
Volunteer Tasks: Hole digger, preferably with proper tool, and helper under
direction of Annie Hallatt.
Power Requirements: None.
INSURANCE CERTIFICATE: Art Works Downtown has the added insurance for this
space already and only needs the time period to be covered.
Attachment B
Library
Fifth Ave
SPihntn
�oclaroN
zz-
.
TEMPORARY ART INSTALLATION
LICENSE AGREEMENT
This Agreement is made and entered into as of the 18_th day of January, 2005, 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 use that portion of the City's property, as
shown in Exhibit A (the "premises" herein), for the placement of certain works of art and a
related identifying sign, as designated in Exhibit B ( "artworks", herein) in accordance with
the terms and conditions specified herein.
2. Term. Except as otherwise terminated as provided herein, the term of this Agreement shall be
from January 25, 2005 to February 26, 2005. This Agreement also may be 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 all artworks, signs and any other personal property placed on the
premises, restore the premises to its original condition, clean the premises 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
1L
P
performed, and Licensee shall immediately reimburse City for all direct and indirect costs
associated with such work upon receipt of a statement therefor.
5. Indemnification. Licensee shall indemnify, release, defend and hold harmless the City, its
officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss,
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) License shall submit to the City properly executed endorsements naming the City, its
officers, agents, employees and volunteers as additionally insureds, Certificates of
Insurance evidencing all coverage, limits and endorsements as required above, and
renewal certificates during the term of this Agreement.
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).
8. Notices. Any notice required 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
2
United States Mail, registered or certified, return receipt requested, with postage thereon fully
prepaid, or upon personal delivery, addressed as follows:
If to City: Nancy Mackle, Economic Development Director
City of San Rafael
1313 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
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.
9.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.
I O.Attornev'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
LICENSEE:
PHYI,,tIS THELEN
Executive -Director
ATTEST:
JEARNE M. LEONCM' , City Clerk
3
Dated: % ! 2 5
Dated:
APPROVED 40 FORM:
bus-- GUINAN, Asst. _City Attorney
INTERACTIVE INSTALLATION: Spinning Angel
ARTIST: ANNIE HALLATT Known for super sized parade puppets, theater
props and Burning Man installations.
DIAGRAM: To come if needed. (See description )
DESCRIPTION
Annie Hallatt's metal sculpture called Spinning Angel stands 15 feet tall, 8 feet
across and is on a 3 inch diameter pole with 4 guy wires set into the ground for
stability. See photo. It is weather proof and likes to spin in the wind.
Location Library Lawn
Time Schedule: For the period of the Art Works Downtown Show," Offerings
and Sanctuaries" January 13 to February 25. However, if the Library Public
wants it and the city of San Rafael approves, it could stay up for two months.
Monitor and Security; not considered important. If the public respects and
appreciates the installation, fine. If not, it can come down at any time.
Cleanup Plan: Removal by crew which installed. I think we may need
volunteers to help Annie Hallat. A small hole should be dug down about 2 feet to
hold the 3 inch pole.
Volunteer Tasks: Hole digger, preferably with proper tool, and helper under
direction of Annie Hallatt.
Power Requirements: None
INSURANCE CERTIFICATE: Art Works Downtown already has the added certificate
For the Library Lawn.
444
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