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HomeMy WebLinkAboutC22930R Sculpture "I Forget" - Clark Brooks (Artist)CITY OF PALM DESERT COMMUNITY SERVICES STAFF REPORT REQUEST: CONSIDERATION TO ACCEPT CLARK BROOKS' SCULPTURE, "1 FORGET", TO BE INCLUDED IN THE 2005/06 EL PASEO EXHIBITION SUBMITTED BY: RICHARD L. TWEDT DATE: FEBRUARY 10, 2005 CONTENTS: 1. PHOTOGRAPH OF THE SCULPTURE 2. ARTIST BIOGRAPHY 3. SAMPLE CONTRACT Recommendation: By Minute Motion: 1. To accept the Clark Brooks' sculpture titled, "I Forget", to be included in the 2005/06 El Paseo Exhibition. 2. To provide a $1,500 honorarium for the loan of the artwork. Executive Summary: The Art in Public Places Commission voted unanimously to accept the sculpture by Mr. Brooks to be included in the 2005/06 El Paseo Exhibition, at its meeting of January 19, 2005, which includes a $1,500 honorarium for the loan of the artwork. Discussion: The current El Paseo Exhibition has one vacant pad available for a work of sculpture. Council did not approve the previous sculpture by James Surls that had previously been proposed for the vacant pad. While Mr. Brooks was installing "Weekend Warrior" in the current exhibition, he offered "I Forget" to fill the vacant pad. Staff presented the sculpture to Mr. Menifee, curator of the exhibition, for his consideration. Mr. Menifee thought it was an excellent choice and recommended staff to present it to the Art in Public Places Commission for its consideration. Submitted by: ard L wedt Iic Arts Manager difCarlos Ortega Cit Mana er Paul Gibson Director of Finance 1 Sheila Gilligan Assistant City Manag ommunity Services Robert Kohn Director of Special Programs I FORGET Stainless Steel AP 85"h* x 30" x 61"d (* Includes 32" base) Also available in 9' an versions. Clark Brooks spent the first 28 years of his working life as an advertising and marketing executive mostly in New York. to the early 80's he began to experiment with sculpture but it wasn't untilll992 that his interest in sculpture and architecture won out. He abandoned the canyons of New York for the spires of the Tetons and Jackson Hole, . He became a sculptor and builder. His works are inspired by both architectural forms and the grandeur of his surroundings. Shape, shadow and perspective playl� major oruticflange dramatthe pieces ically when the reated by the artist. Most seem deceptively simple sun moves and the viewers perspective changes. More r ant works demonstrate that abstract metal sculpture can reflect attitude, emotion and even whimsy. "Weekend Warrior" suggests a happy, goofy and slightly unstrung Saturday athlete. "Raptor Rising" may be non-representational, yet any one who has watched hawks soar and swoop in the mountains and valleys will recognize its inspiration. The artist's works have been exhibited at Hudson Gardens, Littleton CO., Sculpture on Second, Cedar Rapids, IA., Jackson Hole Fall Arts Festival, Snow King Resort and the Teton County Public Library. He is represented by the A Gallery, Palm Desert, CA. C E BROOKS P.O. BOX 10400 JACKSON, WY 83002 o 3D-t--f C22930-R AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE This Agreement is entered into this 10th day of February, 2005, by and between the City of Palm Desert, California ("CITY") and Clark Brooks ("ARTIST"), for display of an artwork entitled "I Forget" (the "Sculpture") as part of the 2005/2006 El Paseo Exhibition. RECITALS A. The Artist desires to loan the Sculpture to the City for public display; and B. The Art In Public Places Commission and the Palm Desert City Council have approved a temporary exhibition of the Sculpture in a public place located on El Paseo ("Exhibition Site"). THEREFORE, for good and valuable consideration, including, without limitation, the mutual promises, conditions, and agreements set forth herein, the City and the Artist agrees as follows: 1. Ownership Except as provided in Section 2, below, the Sculpture will remain the property of the Artist. However, by virtue of this Agreement, City is entitled to possession, and Artist agrees to relinquish possession of the Sculpture for the "Exhibition Period" described in Section 4, below. 2. Sale of Sculpture Artist may sell the Sculpture during the term of this Agreement and, if sold, may assign his or her rights under this Agreenrient. However, under no circumstances shall sale of the Sculpture terminate this Agreement or adversely effect City's rights hereunder including, but not limited to, City's right of possession. Artist shall notify City immediately upon sale of the Sculpture and include instruction regarding the party to whom the sculpture should be released. Upon sale of the artwork, it must remain on its site through June 30, 2005. Removal of the artwork is the sole responsibility of either the artist or his/her representative. At the time of removal, a comparable artwork in scale and medium that has been approved by the Art In Public Places Commission and the Palm Desert City Council must be installed on the empty site. The City must be 1 C22930-R notified at least two (2) weeks prior to removal in order to facilitate work orders for traffic control of the portion of El Paseo where the artwork is located. The installation is the sole responsibility of either the artist or his/her representative. 3. Reproduction Rights Artist hereby grants City, in perpetuity, the right to photograph, film, videotape, or otherwise depict the Sculpture at any time during the Exhibition Period and to use such photographs, film, videotapes, or depictions at any time thereafter for purposes of promotion relating to the Exhibition or the City, provided that City gives artistic credit to the Artist concurrently with such uses. 4. Exhibition Period The "Exhibition Period" means a period beginning on December 1, 2004, and ending on October 31, 22C)6. The Exhibition Period may be shortened or extended in duration by mutual agreement between Artist and City. Notwithstanding the foregoing, City reserves the right, in its sole discretion and with or without cause, to decline or terminate exhibition at any time. 5. Transportation, Installation, Maintenance, and Removal 5.1 Transportation of the Sculpture to and from the Exhibition Site shall be the responsibility of Artist. City shall bear the cost of installation and removal (except for those pieces sold during the exhibition). "Reasonable Cost" means those sums set forth in Attachment "A", which is attached hereto and incorporated by this reference. 5.2 During the Exhibition Period, City shall be responsible for the maintenance of the Sculpture. City shall take reasonable steps to utilize the maintenance procedures and/or methods described by Artist and set forth on Attachment "B", which is attached hereto and incorporated herein by this reference, but City reserves the right to decline implementation of any or all, or any part thereof, of such procedures and/or methods if circumstances, including but not limited to considerations of cost, render such implementation unreasonable. in the event City declines to implement such procedures and/or methods, Artist may undertake such procedures and/or methods at Artist's sole expense. 2 C22930-R 5.3 Upon the expiration of the Exhibition Period, Artist or Artist's agents shall remove the Sculpture. In order to minimize disruption of pedestrian and/or vehicular traffic, Artist must schedule the removal with City, and obtain any permits for necessary equipment, at least ten (10) working days in advance. 6. Exhibition Honorarium City shall pay Artist or artist representative an exhibition honorarium of one thousand five hundred dollars and no/100ths ($1,500) upon completion of the installation of the Sculpture at the Exhibition Site. City's obligations for payment is conditioned upon completed installation and Artist shall be entitled to no payment in the event this Agreement is canceled or otherwise terminated, for any reason, prior to completion of installation. 7. Liability for Damage or Injury 7.1 City shall insure the Sculpture against damage or loss in the amount of XXXXXXXX dollars and no/100ths ($XXXXX.00), which the parties agree is the fair market value of the Sculpture and the extent of the City's liability in the event of its damage or loss. 7.2 City's obligation to provide insurance is solely for the duration of the Exhibition Period and only while the Sculpture is located on City property. Artist is responsible and liable for any damage or destruction that may occur during transportation of the Sculpture to and/or from the Exhibition Site, during installation, and during deinstallation if they are performing the installation and deinstallation. 7.3 Artist shall indemnify and hold City harmless from any and all claims, losses, damages, injuries, and/or liabilities, of any kind whatsoever, including reasonable attorneys fees and costs, arising out of or related to the transportation, installation and/or deinstallation of the Sculpture if they are performing the installation and denstallation. Artist shall further indemnify and hold City harmless from any and all claims, losses, damages, injuries and/or liabilities, of any kind whatsoever, including reasonable attorneys fees and costs, arising out of or related to defects of the Sculpture, faulty workmanship of the Artist, or any acts of negligence by Artist or Artist's agents. 3 C22930-R 8. El Paseo Exhibition Guidelines Attached hereto and made a part hereof is Attachment "C" which are the Guidelines for El Paseo Exhibits. In the event of conflict between this Agreement and the Guidelines, this Agreement will prevail. 9. Entire Agreement This Agreement represents the entire Agreement between City and Artist or Artist representative and no other representations, whether oral, written or implied, have been made nor may be relied upon by either City or Artist. This Agreement may be modified only by writing made after the date of this Agreement and signed by both City and Artist or Artist representative. 4 C22930-R 10. Governing Law This Agreement is entered into in and shall be governed by the laws of the State of California. CITY OF PALM DESERT Dated: Mayor, City of Palm Desert ATTEST: Dated: Rachelle Klassen, City Clerk ARTIST: Dated: Artist (or Representative) [printed name and title] Clark Brooks (Artist) A Gallery Fine Art Lisa Dempton 73-956 El Paseo Palm Desert, CA 92260 760-346-8885 APPROVED AS TO FORM: David J. Erwin, City Attorney 5 C22930-R ATTACHMENT A: Transportation, Installation, Maintenance, and Removal Methods and Associated Costs Artist Name: Clark Brooks Installation/deinstallation coordinated and provided by City of Palm Desert. The Artist or his/her representative is responsible for transporting the artwork to the assigned site, whereas; the City will provide technical assistance with the installation process and in securing the artwork to the site. 6 C22930-R ATTACHMENT B: Maintenance Requirements and Procedures Artist Name or His/Her Representative: Clark Brooks Please specify maintenance procedures or methods as to how you would like the City to maintain the artwork titled "I Forget" as presented by Artist Clark Brooks. Procedure of maintenance as described by Artist: Artist Name or Representative Artwork Title Date 7 C22930-R ATTACHMENT C: Guidelines for the 2005/06 El Paseo Sculpture Exhibition 1. The Art in Public Places Department will facilitate the exhibition on behalf of the City of Palm Desert and the El Paseo Business Association. 2. The 2005 theme for the El Paseo Exhibition is "Palm Desert = Art Destination, Experience Color, 2005/06 El Paseo Exhibition." 3. The El Paseo Exhibition is a partnership between the City of Palm Desert and the merchants of El Paseo. 4. All artists, galleries, museum/non-profits, and private collectors are invited to participate. Applicants can submit as rnany pieces for consideration as they would like, with the exception of private collectors. Private collectors apply by submitting an entire collection of sculptures for exhibition, with a minimum of twelve. 5. All sculptures must be installed on one of the existing pads along the El Paseo median. (The Commission can consider alternate sites.) 6. The City of Palm Desert will provide the following for the El Paseo Exhibition: 9 Opening reception at the Gardens, January 6, 2005, 6 p.m. 9 Insurance O Selection of art (along with a representative from the El Paseo Business Association) 9 Installation and deinstallation of art. The artist or representative MUST notify either Richard Twedt at 760-776-6380 or Debbie Thompson at 760-346-0611 by October 4, 2004, if a crane will be needed to install the sculpture. Installation period will be from December 6 through December 17, 2004. • Advertising and promotion of the Exhibition • Signage/Banners • Pads/Lighting/Maintenance 7. All sculptures MUST be designed with tabs or other devices that can be utilized to secure the artwork to the concrete pads. 8. All packing and crating materials MUST be removed by the artist or representative at the time of installation. 9. The exhibition period will not exceed two years. 10. If a sculpture from the exhibition is sold, the artist or representative must resubmit for approval of the installation of a replacement of artwork. The replacement piece MUST be installed at the same time of removal of the sold piece; NO EXCEPTIONS. Artwork can be sold, but not removed during the period of January 1 through June 30. The artist or representative is responsible for all 8 C22930-R installation/deinstallation costs associated with the replacement sculpture for the El Paseo Exhibition, as well as, finding a replacement sculpture acceptable to the Commission prior to the removal of the existing artwork. One replacement per pad may be made during the exhibition period. 9