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HomeMy Public PortalAbout2015.09.02 Artwork Donation Agreement - Looney CITY OF MCCALL ARTWORK DONAHON AGREEMENT THIS AGREEMENT is made and entered into this .2 day of 'e&Y1 be{ , 2015, by and between the City of McCall (hereafter"McCall"), a municipal corporation of the State of Idaho, and Arma Looney, (hereafter "Donor"), with respect to the donation of an artwork (hereafter"Work"); WHEREAS,the Donor has acquired the Work and has full right, title and interest therein; and WHEREAS,the Donor wishes to gift the Work to McCall; and WHEREAS, McCall has approved acceptance of the Donor's gift of the Work pursuant to the McCall Public Art Gift Acceptance Policy on(, T4- , 2015. THEREFORE, the parties hereto agree as follows: 1. DESCRIPTION OF WORK: Donor describes the Work as follows (Spec sheet and Description attached and incorporated in this agreement): a. Title: "Taking Flight"by Alisa Looney b. Medium: Steel plate 3/8 inch powder coated blue -RAL 5015 c. Size: 96 in. height by 33.5 in. width by 44.5 in. depth d. Year of Creation: 2012 2. DONATION: The Donor herby agrees to donate the Work to McCall. Title shall pass to McCall at such time as this Agreement is signed by both parties and upon completion of all the following conditions: a. The Donor shall pay for all costs incurred to install the Work including transportation of the work and installation with mounting bolts as specified. b. City of McCall Parks and Recreation staff shall assist with coordination of the pedestal construction and placement of the Work on the pedestal. Pedestal specs: cement pad: 6 in. height x 42 in. width x 60 in. depth. The Donor will pay for the cost of the construction of pedestal base, and make payment directly to the selected contractor, following the inspection and acceptance of the pedestal by the City of McCall Parks and Recreation Director prior to installation of the Work. c. The Donor will donate $500 to the City of McCall Parks and Recreation Department to be kept as a maintenance fund and used for any future needed re-powder coating or maintenance to the Work, as determined by the City of McCall Parks and Recreation Director and according to the Installation and Maintenance Schedule attached and incorporated herein. d. McCall shall assume all obligations under this agreement upon completion of installation of the Work. Artwork Donation Agreement-Looney Page 1 of 5 8/27/2015 3. RISK OF LOSS AND INSURANCE: The risk of loss or damage to the Work and the provision of any insurance to cover such loss or damage shall be the responsibility of McCall from the time of installation. 4. MAINTENANCE, RELOCATION AND/OR REMOVAL OF ARTWORK: a. The Donor shall provide McCall with written instructions for the appropriate installation maintenance and preservation of the Work. (Attached: Installation and Maintenance Schedule) b. McCall reserves the right to manage its buildings, facilities and public sites for public purposes, and in doing so, may determine that it is necessary to relocate or remove the Work and/or modify the site in/on which it is located. McCall shall not relocate or remove the Work and/or substantially modify the site in/on which it is located without attempting to notify Artist of the proposed change and attempting to reach agreement with Artist regarding the future appearance or location of the Work. Except that McCall may authorize the temporary relocation or temporary removal of the Work without the Artist's prior permission. For the purpose of this section temporary shall mean to be for a period less than 90 days. c. If McCall determines that the Work should be permanently removed or, though, decay, vandalism or other forces, the Work has lost its integrity, McCall shall first make a good- faith effort to contact the Artist and offer the Work to the Artist at the Artist's cost to collect and remove the Work within six(6) months from the date of notification. 5. COPYRIGHT AND REPRODUCTION: a. The Artist has retained all rights under the Copyright Act of 1976. 17 U.S.C. § 101 et . seq., as the sole author of the Work for the duration of the copyright. b. The Artist grants to McCall and its assigns an irrevocable license to make two- dimensional reproductions of the Work for non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity and exhibition catalogues or other similar publications. c. The Artist grants to McCall an irrevocable license to publicly display the Work in any manner consistent with the maintenance and preservation of the Work. d. McCall is not responsible for enforcement of third party infringement of the Artist's copyright and not responsible for protecting the intellectual property rights of the Artist. e. The Donor will provide a plaque to attach to the pedestal with the following information: "Taking Flight" by Alisa Looney, 2012 — Artist Statement: Taking Flight represents our deep connection to nature. As the bird takes flight, the person also takes flight energetically, while physically staying grounded and strong. The bird as messenger leads us to our joy. Created in memory of Larry G. Looney J w,, r Q r, Artwork Donation Agreement-Looney Page 2 of 5 8/27/2015 6. WAIVERS AND RELINQUISHMENTS OF RIGHTS: Artist agrees to relinquish all rights, title, and interest to the Work created for the Project and, hereby expressly waives any rights Artist has to such artwork including, but not limited to, the rights afforded artists under the Visual Rights Act of 1990, Title 17 U.S.C. Sections 101, et seq. Artist understands and agrees that the right of integrity, but not of attribution, as specifically set forth in 17 U.S.C. Section 106A, is hereby expressly waived except as otherwise provided herein. If at any time following final approval, the City chooses to move the Work, City shall make reasonable attempts to contact and to notify Artist regarding the City's plans; provided, however, Artist shall have no right to override or veto the City's plans and Artist hereby waives their right to file a claim or demand of any type against the City based upon any future decision regarding the placement of the Work, including those granted pursuant to the Copyright Act of 1976 and the Visual Rights Act of 1990. To the extent that the provisions of this Agreement differ from the Copyright Act of 1976 and Visual Rights Act of 1990, the provisions of this Agreement shall govern and Artist expressly waives any such differences in the rights and duties. Except the City agrees not to modify or change the color of the Work. 7. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 8. DISPUTE RESOLUTION. All disputes arising out of this Agreement shall first be subject to good faith negotiations between the parties. If such negotiations are unsuccessful, either party may notify the other and work in good faith to select a mutually acceptable mediator within thirty (30) days after notice. If after good faith effort the parties are unable to agree to a mutually acceptable mediator or if mediation is not scheduled within 120 days from the date of notice, or if the mediation is not successful in resolving the entire dispute, any outstanding issues shall be submitted to final and binding arbitration by a professional arbitration service mutually acceptable to the parties in accordance with the laws of the State of Idaho. The arbitrator's award shall be final, and any court having jurisdiction thereof may enter judgment upon it. Any matter not resolved by mediation or arbitration will be resolved in a court in Ada County in the State of Idaho. The costs of mediation shall be borne equally by the parties. In the event of any dispute that requires arbitration or litigation, the prevailing party shall be entitled to receive reimbursement from the non-prevailing party for all court, arbitration, and other legal costs, expenses, and fees, in addition to any other recovery or award. 9. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this Agreement, or to enforce forfeiture for default, or to collect damages for breach, the prevailing party in such action shall be entitled to recover from the losing party reasonable attorney fees together with costs authorized by law. Artwork Donation Agreement-Looney Page 3 of 5 8/27/2015 IN WITNESS WHEREOF, the Donor and McCall do execute this Donation Agreement the day and year first above written. McCq���''o,, CITY OF McCALL,IDAHO; SEA • L •13.••• ''�. C. •••••":5,0*�, B — ;L L ID P �.� ie J. Ay on Mayo ATTEST: ,"1,11 intt ' BessieJo Wayier'City C -r Donor: � VYL L he_L By: Artwork Donation Agreement-Looney Page 4 of 5 8/27/2015 • STATE OF IDAHO ) : ss: County of Valley ) On this a day of , 2015, before me, the undersigned Notary Public, in and for said State, per onally appeared JACKIE J. AYMON and BESSIEJO WAGNER, known to me to be the Mayor and City Clerk of the City of McCall, a municipal corporation of the State of Idaho, who executed the within instrument, and acknowledged to me that such city executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. stos y (SEAS,) No ary Public f/Idaho J pU B LtC Commission Expires: - -as/7 •.�yT '�•�. 0 • Residing at: McCall, Idaho STATE OF a La : ss: County of Ada, ) On this )54- day of S-eP be_r , 2015, before me, the undersigned Notary Public, in and for said State, personally appeared ARMA LOONEY, known to me to be DONOR, who executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ' 4 (SE• ) Notary Public for Idaho WILLIAM DAMS P Commission Expires: QS/o7 I/a°2 Notary Public State of Idaho Residing at: 231s. , Idaho Artwork Donation Agreement-Looney Page 5 of 5 8/27/2015 Alisa Looney - Taking Flight Outdoor Public Sculpture ilw 4 UMW lq Artist Statement / Description Taking Flight represents our deep connection to nature. ( As the bird takes flight from the top of his hand, man also takes flight energetically, while physically I g staying grounded and strong. Both human and bird forms have fluids ' spiraling cut-outs, signifying the dynamic energy flowing x through their bodies, while also reminiscent of the J flow of water in a river or mountain lake. /1.` Taking Flight portrays the idea that man is deeply r: '} ' connected to nature on a spiritual level, and not i 6.'ow. +i; A., separate. The bird, as messenger, leads man to his �' ► " joy. j4 Powder coated blue to bring attention to our connection to nature, open skies and free flowing l water—the source of all life. ? it Built slightly larger than life, this contemporary sculpture is a jill ll fresh approach to the human form. Not specific to age, race or gender, it is my hope that anyone who sees the work will get a 1� sense of the power of the human spirit, and possibly envision a ^ - part of them selves in the piece,creating their own meaning. �\,r, My intention is to capture the essence of the human spirit, moving through the body in a powerful and joyful way. Using Taking Flight-Right Front View minimal lines and planes, I combine curved and flat plate steel to create dynamic tension and structural strength.Open spiral shapes delineate muscular details and dynamic energy. t Specs: Dimensions: 96" (8 ft.) h x 33.5"w x 44.5" d '4 \ , Materials: 3/8 in.thick steel plate Powder Coated: Blue- RAL 5015 T - _ Value:$18,000 A iiloor Footplitlt at bate(feet): 16.5"w x 42" d c Footprint including overhangs: 36.5"w x 44.5"d -t--, Y. `) r- + Proposed Pedestal, Cement Pad . 9 b 6 in. tall min.x 42 in.w x 60 in. d Taking Flight l . i -Detail • 4;, Mounting points for anchor bolts are rt built into the design of the feet, as el shown on a similar Looney sculpture in 'A '"•r► photo at right. ,- Alisa Looney,Metal Sculptor ` �• r - — alisa@alooneycorn Taking Flight -`_ —p _ alooney.com -Left Back View RAL 5015 49/42330 503-283-6181 Installation photo 38/40015 Cell 503-367-3555 Installation &Maintenance Instructions Public Sculpture: "Taking Flight" by Alisa Looney Anticipated Method of Attachment: Concrete Anchoring System: Four anchor bolts:(1/2"diameter x 4-1/4"length,stainless steel Wedge Anchor Bolts-Brand: "Red Head"TRUBOLT,with stainless nuts and washers). Anchor bolts are self-locking. Drill half inch holes with a hammer-drill.Minimum of 4 inches of concrete(6 inches is ideal) needed to secure the piece with anchor bolts(approx 3-3/8" of bolt length will sink into cement). Artist will provide anchor bolts listed above. Requested Installation Assistance: Please assign three people to help with lifting, with leather gloves,three people total are needed to lift piece out of trailer and into position during installation. No crane is needed. Tools Requested: Electricity,Hammer-drill,'inch drill Bit-(long enough to drill a 4 inch hole),Standard Socket Set,specifically 3/4 inch socket(to tighten Nuts on'h inch anchor bolts). Sharpie(marker),pencil. (Note:Due to air travel,Installer may not be able to provide these tools on the trip). Installation Procedure: Always wear leather gloves when handling piece.Be careful not to hit the powder coated surface with wrench when removing or tightening bolts. Lift sculpture into place,and position piece exactly where it will install.Mark hole position on concrete with pencil or sharpie.Move sculpture away and mark exact center of each hole with cross hairs. Drill holes with hammer drill,centered and exactly vertical,exceeding depth of anchor bolts(holes approx 4 in deep). Anchor bolt will sink approx 3-3/8 inches deep(the rest of bolt will stick up past the 3/8"thick mounting points(holes)with room for washer and nut. If nuts are welded to the bolts for added security,please shield powder coated surface very thoroughly to prevent weld sparks or slag from burning the coating. A shield can be created with foil or cardboard,cutting a hole to access the nut,and also use blankets to cover the rest of the piece as sparks can fly. Cleaning and Maintenance: Use care in protecting and maintaining the artwork's appearance to insure it is kept in as good of condition as when installed. Wash with a mild soap(such as Dawn dish soap)and water,using a soft cloth,Rinse with clean water. Do not use high pressure water on powder coated surface. Do not use any solvents or abrasives. For small surface scratches,the sculpture can be polished with automobile polishing compound and then shine with automobile wax. Note:If there are small marks or stains on the paint,Isopropyl Alcohol may be used,with soft cotton cloth in small area. If surface is damaged extensively,please contact artist for appropriate procedure and to assess if touch-up is possible or if re-coating may be necessary. If re-coating is necessary,it is requested that a company that has equal skill and can match the quality and color of original coating does the work under Artist's direction. The original powder coating done by: Portland Powder Coating,Inc.,4740 SE 25th Ave, Portland,OR 97202, 503-236-9412,Contacts: Vice President: Derek Williams,Painter:Juan Estrada Lugo. Taking Flight Powder coating specs: Color: Tiger Drylac Blue-RAL 5015(or the closest match possible).The previous coating will need to be burned off and the piece sandblasted,immediately followed by 4 coats of powder: primer coat,two coats of blue and a final clear coat with UV protection.Each coat is baked in oven and needs to be carefully inspected for bubbles or other impurities.Set up:sculpture hangs on rack upside down from heavy eye-hooks attached to the rack and threaded through 3 mounting c points(bolt holes).This way the only area that could be blocked from receiving the coating will be located on the inside of each bolt hole,and will not effect the integrity or quality of the finish. If steel structure becomes bent or otherwise damaged,it is requested by the Artist that the piece be repaired under her direction,prior to any repair or recoating. Updated 8-10-15 Taking Flight- Proposed Site No. 2: © Proposed Pedestal, Cement Pad NW Corner of Railroad Ave. and Pine St. 6 in tall x 42 in. w x 60 in. d (East of Gravity Sports) planting area * with arrow indicating direction of piece *With option to move to River Front Park when completed Existing Trees-estimated location *prefer lake or river view if available M „NI- .,-. As 4 e , : P 0 riv rili° _ f Enlarged view:City of McCall GIS,NW Corner of Railroad Ave.and Pine St. A i 410...1 ' t , . ----1------_ , F Gk 1 i 0 ( • . , r r r r --t • i v Go , , .. :„... . ..,,z. i edr" . ,,. - ... .,, ,...., ..:111, 1.!b., .. 1 • . 141. , . iii ' *I ' - -_ , _ City of McCall GIS,Highlighted Section Enlarged Above