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HomeMy WebLinkAboutAIPP Rmbrsmnt - PD Garage Town - Desert GT LLCSTAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: September 12, 2019 PREPARED BY: Amy Lawrence, Management Analyst REQUEST: Consideration of Approval to Reimburse Palm Desert Garage Town its Art in Public Places Fee in the amount of $22,863.17 for Music in the Air by Mario Pikus Recommendation By Minute Motion: 1. Authorize reimbursement to Palm Desert Garage Town of its Art in Public Places Fee in the amount of $22,863.17 for Music in the Air by Mario Pikus; and 2. Authorize the Mayor to execute the Public Art Agreement. Monies are available in the Public Art Fund 436. Strategic Plan Obiective The installation of public art creates a better community for residents and visitors to Palm Desert. This concept is in line with the Arts & Culture Mini -Vision of the 2013-2033 Strategic Plan, Envision Palm Desert — Forward Together which states: "Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills." Discussion At its meeting of May 8, 2019, the Art in Public Places (AIPP) Commission recommended approval of the proposal for Music in the Air by Mario Pikus as the public art component for Palm Desert Garage Town. At its meeting of May 23, 2019, the City Council voted to approve the proposal. Subsequent to approval by the City Council, Music in the Air was installed at Palm Desert Garage Town. September 12, 2019 - Staff Report Palm Desert Garage Town AIPP Fee Reimbursement Page 2 of 2 Fiscal Analvsis Palm Desert Garage Town paid $24,000 into the AIPP Fund and is requesting reimbursement in the amount of $22,863.17 for the cost of the sculpture, site preparation, transportation, installation, and signage. According to the City's AIPP guidelines, applicants are eligible for reimbursement up to the amount paid in to the fund. Upon review of the applicant's submittals, staff has determined that reimbursement of $22,863.17 is merited per the AIPP guidelines. Monies are available in the Public Art Fund 436. There is no fiscal impact to the General Fund associated with this request. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A Ryan Stendell rN Robert W. Hargreaves Director of Community Jan Moore Lauri Aylaian City Attorney Development Dir to of Finance City Manager APPLICANT: Desert GT LLC Mr. Chuck Spinelli 1900 W. Northern Lights Blvd., 200 Anchorage, Alaska 99517 ATTACHMENTS: Public Art Developer Form B Draft Public Art Agreement City of Palm Desert, California Art in Public Places Program Form B: Project Completion Notification Date 7— Vr' 11 Form B should be submitted by the Developer upon installation of artwork on site or donation of artwork to City of Palm Desert. 1. PROJECT INFORMATION Project Name 7k?r7b0SCfi _ Project Address "1%3 -4,60 LYP ��•i.. Project Manager Name E' ar - Project Manager Address 72, .3c?? Telephone/Fax W7 -Z4 .' -&_-W Email Lr1c leeaC�&.Sba EiLc ry Project Owner Pcsive 'b.a: tj-e-. Owner Address /eco Gv , Illoybko to L.Aal .—s.....- Telephone/Fax E-ff ail Project Completion Date 7 — 1 S — e Public Art Fee Amount $ ©O a Total Artwork Cost $ 9&3f /% Requested Public Art Fee Reimbursement Amount $ II. ARTWORK INFORMATION Program Option: Artwork on site Donation Artwork Title _� r Artwork Site _ 3 - laG � ��.+ AV - Artwork Material--MSAC4- Artwork Dimensions 4RV462 G City of Palm Desert — Art in Public Places Artist(s) Name a ft Address: _ 7 Telephone/Fax 4210 - It SS'- e-=- Email s 1. t. fl Artwork Installation Date T-� ^t9 III. ARTWORK DOCUMENTATION 1. Three digital images via email, CD, or flash drive showing the work from at least two different viewpoints, and one image of the work in detail. 2. One digital image of the artwork identification plaque as installed. 3. A final accounting of expenses incurred in creating the artwork including copies of the artist's invoices and receipts for all expenditures related to the artwork. 4. Proof of payment of the public art fee from the Building and Safety Department. 5. Proof that appropriate permits and certificates were acquired (Proof of Review Form and Proof of all appropriate inspections). 6. Public Art Agreement. 7. Letter to City Council requesting return of the public art fee for submission to and approval by City Council. i1r1.� ' ��•• ISYM�.R.:gNr M..�'-In sr R• r MARIO PIHUS MUSIC INTHF AIR ,. n y. Ar`. .•f� ... ,ram r r", 'k, Invoice Custom Home Accessories 11300 Trade Center Drive, # A COM or RES Date Invoice # Rancho Cordova, CA 95742 800-265-0041 Phone 6/2412019 64161 WWW.customhomex.com CL#1008664 Bill To Ship To Spinell Homes Palm Desert 1900 W. Northern Lights Blvd., need shipping info???? Ste. 200 Anchorage, Alaska 99517 Attn: Chuck 907-244-3785 chuck@spinellhomes.com P.O. Number Terms Rep Ship Via DV Project Chuck prepaid RP4 8/5/2019 Fedex/ground Quantity Item Code Description Price Each Amount Custom Order Custom cast aluminum sign on decorative pole. 400.00 400.00 15" x 1 5" cast aluminum Large Square plaque. Mount: through the front attached to 3" OD round pole (48" above ground with 18" in -ground). Pole to include ball finial (no base). Pole is to be smooth wall. Pole mount is direct burial in concrete. Plaque color: black/silver Post color: black To read: MARIO PIKUS MUSIC IN THE AIR Shipping Shipping 45.00 45.00 Payment VISA Paid in full via VISA CARD number: -477.26 XXXX-XXXX-XXXX-0466 auth code:04627d Sales Tax 7.25% 32.26 Total $0.00 Colin Fisher Studios, Inc. 68929 Perez Rd., Suite M Cathedral City, CA 92234-7284 (760)324-7300 colin@colinfisher.com http://www.colinfisherstudios.com Invoice BILL TO Charles Spinelli Spinell Homes Inc. 1900 W. Northern Lights Blvd. #200 Anchorage, Alaska 99617 DESCRIPTION INVOICE # 883565 DATE 07/01 /2019 DUE DATE 07/01 /2019 TERMS Due on Receipt Mario Pikus sculpture "Music in the Air" (Circa 2009), Harley-Davidson parts, Sheet metal, Mixed Media paint, 85' x " x " (Special discount - 50% Off) Installation & Maintenancee D Transportation O Thank you for your Business - We appreciate it Very Much. Please also note that ALL SALES ARE FINAL SUBTOTAL TAX TOTAL PAYMENT BALANCE DUE AMOUNT 15,000.00T 15,700.00 1,312.50 17,012.50 17,012.50 CLIENT SIGNATURE: Rex Abarrate Inc PO Box 223 Thousand Palms, CA 92276 US 760-574-6649 rexabarrateinc@aol.com Invoice BILL TO Desert GT LLC. JOB NAME GT Art Display DATE ITEM/SERVICE 05/17/2019 Job site laborer 05/17/2019 Job Foreman/Supervision 05/17/2019 Equipment Rental 05M 7/2019 Concrete 05/17/2019 Asphalt O 05/17/2019 Anchoring of Sculpture -labor and matTria05/17/2019 Electrical/lighting PAYMENT BALANCE DUE INVOICE # 1049 DATE 05/17/2019 DUE DATE 05/17/2019 TERMS Due on receipt OTY RATE AMOUNT 12 45.00 540.00 14 100.00 1,400.00 1 150.00 150.00 1 431.32 431.32 1 985.00 985.00 1 250.00 250.00 1 1,140.37 1,140.37 4,896.69 $0.00 a K MCO° 2 2 Z o 3 C O n n _ Y 2 3 m rQi ���z � ;c a G rn pm rm a�0 ms AC �S 6 vCi nn+ !Z1 v' Z y`;� 0 d Z Q cn r To a r T a m m T 3 r S A G1 r r I'm m 3 3 p n { q M r F�+ G) r N C1 r 0 !yr W M M r r FY+ F+ 61 r Y 61 r 0 r Fes+ 0 r 1�•� Gt 7 W 0 r FW+ G] r N g G1 r- y Fw+ rn N N N �/pMi A N S bw+ pN A F, 1••� �m W SI Ln S r4 *- N H Fw+ S N S W C Z P Z O Q G C rTn m O C7 C G S? 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O ❑ m m m rrn m m m m m d ❑ y ❑ x x x x x x x x x A 0 m � rn a W a m a m a W a m a 04 a W n W a co u w a a a a a a a n a a y cl n n v r- -4 m � n r- n m m m m m m m m m z n 2 n z n 2 n z n z n z n z n z n 3 3 3 3 3 3 3 W a a 'c -a c -a a a -C 0 Art Department Palm Desert Debbie Thompson, Public Art Technician Please find attached, my project completion notification and accompanying documents receipts as requested. We are requesting reimbursement of our costs at $22,386.45. 1 understand there will be a public art agreement to be signed as well. Since the ownership has been changed, that agreement should be with Palm Desert GarageTown HOA of which I am the president. Please let me know what else I need to provide Sincerely, Charles Spinelli Garage Art Work Costs: 6/24/19 Custom Home Design Plaque and Post $ 477.26 7/1/19 Colin Fisher Studios Art and Install $17,012.50 5/17/19 Rex Abarrate Pad and lights 5 4.896.69 $22,386.45 Public Art Deposits to Palm Desert 6/13/19 6/13/19 7/13/19 $6000 $ 500 17 500 $24,000 PUBLIC ART AGREEMENT THIS PUBLIC ART AGREEMENT dated this day of , 2019 between the City of Palm Desert, a municipal corporation, hereinafter referred to as "City' and , hereinafter referred to as "Owner/Developer" is made with respect to the following: A. Owner/Developer is the owner of property located in the city of Palm Desert, County of Riverside, State of California, described in Exhibit "A" and depicted on Exhibit "B" attached hereto and by this reference incorporated herein ("Property"). The street address of the parcel is: , Palm Desert, California B. Owner/Developer has heretofore applied for and been permitted to construct a project for which the establishment of specific public art, described in Exhibit "C", is required and in order to comply with the City's requirements, the art should be placed in the project and the Owner/Developer has continuing indemnification and maintenance responsibilities as hereinafter set forth. C. In consideration of the approval process and the installation of such art, this indemnification and hold harmless agreement executed by the Owner/Developer, the City proposes to issue all permits for the installation of same. D. Now, therefore, the City and Owner therefore agree as follows: NOW. THEREFORE. the parties hereto agree as follows: 1. City has approved the development of the project of Owner/Developer that includes the installation of artwork in said project, which artwork shall remain the ownership of Owner/Developer. 2. So long as artwork remains in place, Owner/Developer agrees to indemnify and hold harmless the City, its officers, agents, employees and 72500.00001 \7464734.1 7/25/12 1 representatives against any and all losses, actions, proceedings and/or claims, including attorneys' fees and all other costs of defense that were made against the City, its officers, agents, employees and representatives in connection with or arising from the installation, the existence or maintenance of such artwork. Owner/Developer's obligations under this paragraph are currently running with the property shall be binding upon owners, successors in interest and assigns. 3. The Owner/Developer has submitted to the City clerk a Certificate of Public Liability Insurance in a form acceptable to the City manager naming the City and its officials and employees as additional insureds and with limits as specified by the City manager. The Owner/Developer shall cause the insurance to remain in effect for the life of the project. 4. Owner/Developer shall be responsible for the maintenance, repair, upkeep and replacement of such artwork as required by the City. This maintenance responsibility shall include the responsibility for all damage to the area or the artwork that may result from construction or the item being installed on said property. The property shall be maintained in a clean, safe and attractive manner. If City, in its sole discretion, determines that the artwork is not being maintained in an acceptable condition, City through its Code Enforcement Department shall notify Owner/Developer in writing that they have fifteen (15) days to correct said deficiency. If the deficiencies are not corrected in the manner and within the time set forth, the City may make such corrections at the expense of the Owner/Developer. Upon completion of said maintenance and/or repair City shall send Owner/Developer a demand letter by first class mail to reimburse City the cost of maintenance with repairs within fifteen (15) days. In the event there is a failure to reimburse the City within such time frame, City shall be entitled to specially assess Owner/Developer of all costs incurred in maintaining or repairing such artwork, any cost of collection, including attorneys' fees and other court costs, and lien the property. 5. This Agreement shall be binding upon and inure to the benefit of all executors, administrators, successors, assigns, agents, employees, attorneys 72500.0000 1\7464734.1 7125/12 2 and representatives of their respective parties hereto. In the event any provision or disagreement shall be held to be invalid, the same shall not affect any of the terms of the remainder of the Agreement. In the event of any controversy including the dispute between the parties, arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys' fees and costs. 6. This Agreement is made in and shall be governed by the laws of the State of California 7. This Agreement shall be notarized and recorded in the County of Riverside, State of California. CITY: CITY OF PALM DESERT, a municipal corporation IN SUSAN MARIE WEBER, MAYOR APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY ATTEST: 31 RACHELLE KLASSEN, CITY CLERK 13 By: 7 2500.00001 \7464734.1 7/25/12 t STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 20 before me, , Notary Public, personally , who proved to me on the basis of appeared satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 20 before me, Public, personally appeared (seal) , Notary , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) 7 2500.00001 \7464734.1 7/25/ 12 4