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HomeMy WebLinkAboutAIPP Fee - Barone - Barkingham Pet Hotel 4 � STAFF REPORT CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING DATE: February 22, 2018 PREPARED BY: Deborah S. Glickman, Management Analyst REQUEST: Authorize the return of Art in Public Places Fee for Afghan by Karen and Tony Barone, the public art component for Barkingham Pet Hotel California, in the amount of $10,000. Recommendation By Minute Motion, approve the reimbursement to Barkingham Pet Hotel California of its Art in Public Places Fee in the amount of $10,000. Monies are available in the Public Art Fund 436. Strategic Plan Objective The installation of public art helps to create a better community for residents and visitors to Palm Desert. This concept is in line with the Arts & Culture Mini-Vision 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." Background Analysis At its meeting of September 11, 2017, the Art in Public Places (AIPP) Commission recommended approval of the proposal of Afghan by Karen and Tony Barone as the public art component for the Barkingham Pet Hotel California (Barkingham). At its meeting of September 28, 2017, the City Council voted to approve the proposal. Subsequent to the approval by the City Council, Afghan was installed at the Barkingham site as proposed. Therefore, staff recommends approval of the reimbursement of the Art in Public Places fee amount. Staff Report Barkingham Pet Hotel California AIPP Fee Reimbursement February 22, 2018 Page 2 of 2 Fiscal Analysis Barkingham paid $10,000 into the Art in Public Places Fund and purchased the sculpture for $18,900. Applicants are allowed to be reimbursed up to the fee amount paid to the City. Therefore, Barkingham is eligible for a full reimbursement in the amount of $10,000. Monies are available in the Public Art Fund 436. There is no fiscal impact on the General Fund. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A 'jai, Robert W. Ryan Stendell pet Moore Lauri Aylaian Hargreaves Director of Director of Finance City Manager City Attorney Community Development APPLICANT: Barkingham Pet Hotel California 72650 Dinah Shore Drive Palm Desert, CA 92211 ATTACHMENTS: Public Art Developer Form B Public Art Agreement Artwork Invoice 72500.00011\29638048.1 DRAFT 3/15/17 City of Palm Desert, California Art in Public Places Program Form B: Project Completion Notification Date I a 3 C l 8 Form B should be submitted by the Developer upon installation of artwork on site or dondimn of artwork to City of Palm Desert. I. PROJECT INFORMATION Project Name .P7itteizir €1riw) `tFi rtp Project Address _ � (,So Tt t t-1 . 42I��x- Sc fit"' Project Manager Name M c 1.--4.trvt nvLE Project Manager Address '13Sac P2SNN17EI Afar cu1TE ft' Telephone/Fax '7 loo - !4,S 1-}'- Email JP/I, L4 G' HorHfnF Fitoeizrce . c`o Project Owner 1\1 rekte-1-.0 Liztr\L h t_L C . Owner Address -tvl.€ ftS -"Nfiacxi Telephone/Fax '766 ,1-9-' .81 , Email 1.aD2i. D►i'to Co- C<-IAilf41 L.. Cnrvt Project Completion Date Public Art Fee Amount $ t© tpocm Total Artwork Cost $ ]b o cLOCS-- Requested Public Art Fee Reimbursement Amount$ 10 I d IL ARTWORK INFORMATION / Program Option: Artwork on site i✓ Donation Artwork Title "FC}i1�1 Artwork site -IS SO Skk,c3R - 1•Q> `rv�i C1;; Artwork Material t`/N Artwork Dimensions 1 City of Palm Desert—Art in Public Places Artist(s) Name -7v. --To(s v &ceoNt Address 3.1 06 1>tz..k\.) iar�1CH �ti� ���� CA U Telephone/Fax Email VT Cs> t=, t�i, CCIV\ Artwork Installation Date 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. 2 City of Palm Desert, California ' Art in Public Places Program Proof of Review Form Submit with Form B: Project Completion Notification Project Name, Address, Phone Number 4,crd4- A4 i -i 4--ke5i- c M60 k/4A►H ..S w_-- t PALS Ci4 7 - Contact Nam? 11 -'1,( r/t M z-- Artwork Title c : :t .i-J—) Building &i Safety Department A,1 Project does lot require permit Project requires permit Applicant is equired to provide proof of permit with From B: Project Completion Notification. 4001111.111111511111. Buildi illrniarDept. Representative Signature Date Lan4scap- Division Approval Project does nbt inapact landscape Reviewed by Landscape Division-__ Comments ``� Signature Date This form mLst be completed by applicant and appropriate City personnel, and included with Form B once artwork is installed and the return of the public art fee is requested. From: Karen Barone kt@baroneart.com B Subject: Re:MATTER BARKINGHAM SCULPTURE KB Date: July 11,2017 at 1128 AM To: Liza Ramll receptionist@mlwsales.net Cc: Lori weiner lori.dino@gmail.com We have filled In and attached the applicable artist responses along with photograph of actual artwork,resume,#7 required attachments,Including Invoice. Please contact us by email or phone if there is anything further you need from us. 760.333.8953 Witiallif011TiVidp04, COW et PaMa Desert,ca ww is Art in Public Places Prairsin Form A: Demee arA/rileslfon Dime � . 1. 1,11oJECyDFoitewnoM Project Pismo 43"1/414 nfipzi. eAtiFieon proilwa Add** Project Mafioso(Nwne Pro ct Addtsss , Telephone/Fax Email Fit Pula Art Fee Amount$ Total A+WoAcCoat $ PrOjectosaar O i.rx1 OrwwAtkMass rlAo Cl.zjAF-Ar Email (s IAlt 1 VOA. ', Architect ArcidLctAdarMs Erma Teleohon rFiu N. S/ N ORK INFORNATOON PrttPl m Oi tiOrii Artwork on s1s Donation Artwork' Me Milks)Name ?Wei 1 l ` 4_ Met Address TMephawFax } - � :'_�rr� 7 Emd ,, AP, € .Tt : C Eat Completion Doss 1 ptf Poke Deorg-Aot kg PAkPhoto IL ,MMRMORK PHOPO L N SPECtFIDAYJOieS Den**e the crank No location on peeps* millers, instigation inquire semis,and meirderteaoe needs as coons*lie possible. You may uK additionM piper to complete a No section tithe applcaYon, 1. AiMpilc D entpdan F6'fkAo 1 (-NAgicois ,, £ 06.Se-4fLPrt 61—SRO A. 'ilia k -Y G fRM+s gE44g- teNtp.Mils*. PA:A049 4 k 2. Leaden es Property JNfR0.417- oP / ;st, +gZ . 4 a. airNriMswith 42Xprafrertsei4l.0140Jillru:+ atv fl cam TEt INN AvmfriOVVE rAiiV Tc5 4. 4zrr17e . . coo nsr 7'arO Cal • S. Yesrly 1MiMbasnce and Conserretisn 1 r R5PRAyE 6E1111 'K t.Y evao 07 r C44)774., a. Work PMNNArWveAi Producilon Schedule(swains* Phase i Design pwoiopment Detw a. COnalpluilwebnaao,c»tbyArtinPul cPieces • Commi sion end c COuncN 2 b. Firm Design DsysiapMsrx ' - C. Landscape wand by Landman'Division it changes we being melds. Proof oiFFi Mal MIMI. Pese Don Proof cvlsoneant include seh Fens It:Project Coacisdoa Hadda d's(Ferris tq Plowed Dentin Canpis1on and Camuncurvre d Fabrication a SNe Work b. Sirimavo younsi Ordeen *fsk t dbegin isbelealim Acquitiion of ii splProp$sM Cfg ceitdceles,i rr . approve's.and the public of �diery coy**Proo revisor f of fiivlswFonii and indudewih Foes a Mae ill Sa do Fab oicetion Corn:Mon Deft: e. Week out febrketion points • Phis N ieetdw(on Cotyledon Deli a. Elie preparation b. inssibilon arework on die C. Vito eben L ▪ d. Final inepectlon by lie Bulkily end Maly Deperiment e. inMellefon enidniron � � Bray& yaw'Willed fdi+iuR intrude suit rime, Phess V Final Acceptance • a. rto cs dd on Campli&en received by Ottetelf s. c. ANIMISM el Certllicsh of Ooccpeney d. 5ubmbid of Form a Public Art AOreeeark end rectum for mum tithe pubic Wise. itre foiosfy ikidirobi paperwork must be iYbmlgid— Proof of pigment to atht,Proof of WYNN Fenn.Psiic Arlikut aentandD *0and/Mitypenefees T. RequiredAMWdrmerter • a. One own"concept*wimp showing the work in plop b. one rendered preemie**,drawing(pion and eiehiellon) 3 olystA inaunt-MtitA**Mote e; A silt pion with building end grade eNvason ihowdrg the pleownwe proposed d. At st"s Co ceppteatite Moak a. Arlen resume or CV L Exentpieeof orders previous work p. Evidence dais value d lrie propound sriwod (invoke or contact drat Amite contact%lslre end payment schedule will be Budget Toni stemmed public on fee$ This wo ksheet is intended se s budgetary videine b assist in devekipirg acmes Inie es o c oust prpe designing, nd >shank,Mend ;a the proposed artwork and shookd ea+sl thesis public set fee. Differences in Wei*genies,which are lees then the fee.**not be refunded at project completion. Travel ► Adam ......�.__.,,....� (lAsiedde or finished aroma) Car Renal Par theme : _per day inrurspon tnsWietlen Cost. Libor (Mona ba nesiae�a del x..Equipmenttesritet • t*sMMiewat Fite Other Architect Lerviscape Arc tact Engineer Other Came(List) • Fabrication Cedes Worlds Chutrinaesor tabor ate Prapa M Salons! Faunasfp Tres q 4 • landacaping t Artist Ctrs • canna Teed$ 'PNrss note:$ores public art Pollock maY require psm M and irn scdcns by the Cher D ikiikta sod tally Depiltiltrit artd+br ails Pubic Works Landscape Otrtsion, Phase consult will the appropriate Cb/peaces*and corm the Proof of itrinew Fate and induds wide Fenn s as noted above, .5c.o.dpe I L 'up'! p 0 FL t LI6\trrS, • • e INVOICE KAREN & TONY BARONE Artists 37081 FERBER STREET RANCHO MIRAGE, CA 92270 310.480.7733 To: Marlorkand - Lori Weiner January 25, 2018 Art in Public Places, City of Palm Desert Barkingham Pet Hotel California Palm Desert, CA 92260 DESCRIPTION PRICE "Afghan" Turquoise Painted Aluminum $24,500.00 Sculpture 6'-8"H x 4'W x 6'-4"L Less ArtAdoption discount (given to - $7,000.00 support the placement of Barone art at a facility that rescues, supports & facilitates pet adoptions) Discounted Price $17,500.00 Sales tax at 7.75% - $ 1,356.25 Total _ 18,856.25 non-refundable deposit received 7-17-17 -$ 8,750.00 Non-refundable balance including sales $10,106.25 tax due PAID IN FULL 1/16/18 All copyrights & reproduction rights remain with the artists. Thank you for sharing art with us. Please make checks payable to: Karen & Tony Barone C:Iiik1114111i#19141 PUBLIC ART AGREEMENT THIS PUBLIC ART AGREEMENT dated this nay of \W Y g , 20 126etween the City of Palm Desert, a municipal corporation, hereinafter referred to as "City" and riAteLog.VO u C.,hereinafter referred to as "Owner/Developer" is made with respect to the following: A. Owner/Developer is the owner of property located in the City of Palm Desert, County of Riverside, State of California, described as ?ArcEL, �- ifnec&Lfvt etp3e (o\ as shown by Map, Book2Cloin the office of the County Recorder, County of Riverside. The street address of the parcel is: 13(&) 'DMA C 4,4$'alm Desert, California. B.. Owner/Developer has heretofore applied for and been permitted to construct a project for which the establishment of specific public art 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 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, 72500.00001\7464734.l 7/25/12 1 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 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 72500.00001\7464734.1 7/25/12 2 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 By: , Mayor APPROVED AS TO FORM: By: ROBERT W. HARGREAVES, CITY ATTORNEY A ITST: RACHELLE D. KLASSEN,CITY CLERK OWNEER/OPERAT . By: N-- "\/\ J`J\k`` By: 72500.0000117464734.1 7/25/12 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On November 1, 2017 before me, C.M. Diaz Reynoso, a Notary Public, (insert name and title of the officer) personally appeared Lori Weiner, who proved to me on the basis of satisfactory evidence to be the person(,s'f whose name4 is/76 subscribed to the within instrument and acknowledged to me that l /she/tlAy executed the same in ja,g/her/tI2er authorized capacity(A, and that by 1)i3`/herIf signature( ) on the instrument the person , or the entity upon behalf of which the person,($'f acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. :.� C. M. DIAZ REYNOSO WITNESS my hand and official seal. K „ s Commission#2066668 a �;oi.;.i„'a Notary Public-California z zY� z ' ''� Riverside County My Comm.Expires May 2,2018 t Signatur Dt (Seal) BP821U01 CITY OF PALM DESERT 9/01/17 Application Fees Maintenance 11:17:29 Application number. : 16 00071649 Address • 73650 DINAH SHORE DR PLMD Position to Starting characters Amount Previously Opt To Apply Description Paid *SPECIAL INSPECTION FEE .00 CONSTRUCTION TAX 1021.45 JOB VALUATION 500.00 LOW INCOME HOUSING 6741.57 MICROFILM 78.50 PUBLIC ART/OTHER 10000.00 SMIP FEE 560.00 TUMF/NON-RESIDENTIAL 21073.74 Barkinghman Pet Hotel California Afghan By Karen and Tony Barone 4 11 Pk . ' * z ' 1 I Till It �. mow•. +�3. _- -`- hY-� : sae q �',iR.,. .. mow: iti!tai y{1 N r•= • I r }gip alibl".. 'r. ,Illk 101 is '., �� •ice/ S. '• J, r•*'. 1 e nib ,`. .. r , a ,f• wr•• ► P. f a '}_ +�� ,i'_$-a' �-`4 ,