HomeMy WebLinkAboutR-2012-067 Metal Sculpture "Transcendence" Donation; Public Artwork; Arts Giving CircleA RESOLUTION
RESOLUTION NO. R-2012-67
accepting donation from the private, non-profit group "Arts Giving
Circle" of public artwork consisting of a metal sculpture created
entitled "Transcendence" and authorizing display in the plaza area
of the intersection of South 2nd Street and Yakima Avenue, adjacent
to the Larson Building
WHEREAS, the Arts Giving Circle, a private non-profit organization has offered to
donate a public artwork sculpture to the City of Yakima for display in front of the Larson
Building on public street right of way; and
WHEREAS, the artist, Bernard Nosey is from Central Washington and of the
highest caliber; selected this form as an aesthetic contribution to downtown Yakima which
includes the form of the unifying and universal symbol of a circle; and
WHEREAS, the Yakima Arts Commission has reviewed the art work, the location
and the installation proposal and at the Arts Commission meeting of April 25, 2012
recommended acceptance by the City Council of the artwork as public artwork, to be
displayed for the benefit of the community; and
WHEREAS, the intended display location on public street right of way, currently
occupied by a plaza area, is fully supported by the owner of the Larson Building, Larry
Hull as well as other businesses in the immediate vicinity; and
WHEREAS, no city funds are requested for the purchase, installation or lighting of
the sculpture;
WHEREAS, the City Council extends its appreciation to the artists, receives the
recommendation of the Yakima Arts Commission, and finds and determines that
acceptance and display of such artwork as public art will promote the general health,
safety and welfare, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager, for and on behalf of the City of Yakima, is hereby authorized to
receive the artwork as public art in accordance with the policy for accepting public art. The
City Manager is further authorized to administer such donation and to cause such artwork
to be displayed in the intended location.
ADOPTED BY THE CITY COUNCIL this 15th day of May, 2012.
Micah Cawley, Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. q
For Meeting of: May 15, 2012
ITEM TITLE:
SUBMITTED BY:
CONTACT
PERSON/TELEPHONE:
SUMMARY EXPLANATION:
Resolution accepting donation of public artwork from the
Artist Giving Circle consisting of a metal sculpture entitled
Transcendence and authorizing display in the park area of
the intersection of South 2nd Street and Yakima Avenue,
adjacent to the Larson Building
Joan Davenport, Acting Director of Community and
Economic Development
Joan Davenport (576-6417)
The Yakima Arts Giving Circle, a private, non-profit organization proposes to donate a public
art work for display in front of the Larson Building on South 2nd Street. The art work is a
metal sculpture approximately nine feet in diameter which will be installed on a foundation in
the plaza area of the street right of way, with exterior lighting. No public funds are asked for
this project. The owner of the Larson Building, Mr. Larry Hull, will take responsibility for
preparing the site for installation. the Arts Giving Circle will donate the art as well as the cost
of installation and lighting. The Arts Commission, as directed by the City Council, conducted
a review of the project, in cooperation with business owners in the immediate vicinity and
the Arts Giving Circle. The Arts Commission recommends this project for acceptance by the
City Council.
Resolution X
Contract:
Contract Term:
Insurance Required? No
Funding
Source:
APPROVED FOR
SUBMITTAL:
Ordinance
Mail to:
Amount:
Other
(specify)
Expiration Date:
Phone:
City Manager
STAFF RECOMMENDATION:
Adopt the Resolution
BOARD/COMMISSION RECOMMENDATION:
Adopt the Resolution to implement the project
ATTACHMENTS:
Click to download
0 Resolution accepting donation of public artwork entitled Transcendence from Artist Giving Circle
CI Image of Transcendence project
Artist model of "Transcendence" sculpture proposed to be placed in front of Larson
Building. The sculpture is of color treated high strength metal and will be approximately
nine feet in diameter, set on a foundation with exterior lighting.
DONATION OF ARTWORK
AS PUBLIC ART FOR
CITY OF YAKIMA
Sculpture "Transcendence"
Yakima Arts Giving Circle, a nonprofit corporation organized and existing under the laws of the
State of Washington (hereafter called "Donor"), in order to promote the public good, to foster an
appreciation of the arts, and to provide a work of art to be displayed in public view, hereby
conveys, dedicates and donates the artwork described below to the City of Yakima in
accordance with the provisions herein and below.
1. Description of Artwork and Artist. The Artwork is a sculpture entitled "Transcendence"
created by artist Bernard Hosey, a renowned artist from the Central Washington area.
An artist's model of the Artwork is attached to this Donation of Artwork as Exhibit "A" and
incorporated herein by reference. Donor will purchase and acquire the Artwork from the
artist upon terms and conditions negotiated and agreed between Donor and artist.
2. Intended Display Location. The intended display location is within the public sidewalk
right-of-way of the southwest corner of the intersection of South 2nd Street and Yakima
Avenue, adjacent to the Larson Building.
3. Conveyance, Dedication and Donation of Artwork. The Donor, by signature below,
hereby conveys, dedicates and donates all right, title and interest in and to the Artwork
to the City of Yakima, as Public Art, to be installed at the Intended Display Location, with
exterior lighting, by Artist and Donor in accordance with an agreement between them, to
best serve the viewing, preservation, maintenance and display of the Artwork. Such
conveyance, dedication and donation by Donor includes the express grant and donation
of license and permission to the City of Yakima to photograph, digitally and graphically
reproduce by any and all means and media now or hereafter known, the sculpture
without prior written consent of Donor and Artist if for educational purposes and/or public
benefit including but not limited to advertising, brochures and similar material.
Subject to any applicable rights that the Artist may have under the Copyright Act of 1976
and the Visual Artists Rights Act of 1990, Donor understands and agrees that the City of
Yakima, with appropriate advice and recommendation from the Yakima Arts
Commission, shall have authority to determine times and places of display of the
Artwork, means and methods of display, and means and methods of maintenance and
preservation. The City of Yakima will use reasonable and customary means and
methods to identify the title of the work and identification of the Artist and Donor.
4. Authorization for Disposition. The Donor, by signature below, understands and
agrees that this conveyance, dedication and donation of Artwork conveys, dedicates and
donates title to the Artwork to the City of Yakima, together with all rights, royalties and
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privileges thereto. In the event the. City of Yakima, with the advice and counsel of the
Yakima Arts Commission, determines that it can no longer provide for the proper display,
maintenance and/or preservation of the Artwork, the City of Yakima reserves the right to
convey the Artwork to another charitable organization, museum or other entity for
display, maintenance and/or preservation, or to relocate or remove the Artwork, all
subject to any applicable provisions of the Visual Artists Rights Act of 1990.
5. Release and Hold Harmless. For and in consideration of the conveyance,
dedication and donation of Artwork as Public Artwork herein, the City of Yakima agrees
to release and hold harmless Donor, its officers, agents and donors, from any and all
claims, loss, damages and liabilities arising out of such donation, dedication and
conveyance of Artwork, and out of the placement, maintenance, use and display of such
Artwork as Public Art.
EXECUTED this day of July, 2012, at Yakima, Washington.
ACCEPTED: CITY OF
By-
71,
Ton
ATTEST:
By:
e, City Manager
YAKIMA ARTS GIVING CIRCLE
By:
Mary Pte, President
By: `
Sally Kincaid, Secretary
CI ejCity Clerk
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Sonya Tee, i y
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Pursuant to authority granted by the. .
City Council in Resolution No. R-201:21 967; j: `'-
adopted May 15, 2012.
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