HomeMy WebLinkAbout05/20/2014 11 Public Art Donation; Star Gazer StatueBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: May 20, 2014
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ITEM TITLE:
Resolution accepting donation of public art, authorizing
execution of agreement for such donation, and authorizing
placement of the Star Gazer Statue to a publicly owned
planting area located on the Northwest corner of Yakima
Avenue and Naches Avenue.
SUBMITTED BY: Sean Hawkins, Economic Development Manager, 575-6274
SUMMARY EXPLANATION:
Yakima artist Dan Patten donated the Star Gazer statue to the City of Yakima for placement in
the former "park" on the corner of Second Street and Yakima Avenue in downtown Yakima.
Since the City vacated the "park" on that corner for the development of the Cowiche Canyon
Restaurant, the Star Gazer statue has been stored in the Public Works yard awaiting a new
home. After consultation with the Yakima Arts Commission, the Council Economic Development
Committee and the owners of the Hilton Garden Inn, City staff proposes installing the statue on
the NW corner of Naches Avenue and Yakima Avenue where it will be visible and attractive to
the walking and driving public.
Resolution: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Amount:
Ordinance:
Item Budgeted:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
None
Economic Development
City Manager
SUBMITTAL:
RECOMMENDATION:
The Yakima Arts Commission requests that Council pass the Resolution
ATTACHMENTS:
Description Upload Date
Photo of Star Gazer Statue 5/9/2014
Photo of Proposed Location for Star Gazer Statue 5/9/2014
Stargazer Resolution 5/12/2014
Type
Cover Memo
Cover Memo
Cover Memo
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RESOLUTION NO. R -2014-
A RESOLUTION accepting donation of public art, authorizing execution of
agreement for such donation, and authorizing placement of
the Star Gazer Statue to a publicly owned planting area
located on the Northwest corner of Yakima Avenue and
Naches Avenue
WHEREAS, the artist, Daniel Patton is from Yakima and of the highest
caliber; donated this artwork as an aesthetic contribution to downtown Yakima;
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
16, 2014, 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 planter area, is fully supported by the owner of the Hilton
Garden Inn 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 artist, 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:
1. The City Manager is hereby authorized to enter into an Agreement
for Donation of Public Artwork with the Artist, Daniel Patton, for donation and
placement of the statue entitled "Star Gazer", which Agreement shall be
substantially in the form set forth in Exhibit "A" attached hereto and incorporated
herein by this reference, and subject to approval by the City Attorney as to form
and content
2. Upon execution and approval of such agreement, 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 20th day of May, 2014.
ATTEST: Micah Cawley, Mayor
City Clerk
Distributed at the 11
, Meeting 5• .Q-1
Exhibit A
DONATION OF ARTWORK
AS PUBLIC ART FOR
CITY OF YAKIMA
Sculpture "Star Gazer"
Artist, Daniel Patton, an individual, (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 "Star Gazer"
created by artist Daniel Patton, a renowned artist from the Yakima area. On April 16,
2014, the Yakima Arts Commission reviewed the Artwork and proposed donation as
public art, and recommended that such donation be accepted and placed for display
within the City of Yakima.
2. Intended Display Location. The intended display location is within the public sidewalk
right-of-way of the northwest corner of the intersection of Naches Avenue and Yakima
Avenue, within a portion of the right-of-way currently used as a planter.
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 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
privileges thereto. In the event the City of Yakima, with the advice and counsel of the
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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 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 May, 2014, at Yakima, Washington.
ACCEPTED: CITY OF YAKIMA DONOR
By: By:
Tony O'Rourke, City Manager
ATTEST:
By:
Sonya Claar Tee, City Clerk
Pursuant to authority granted by the
City Council in Resolution No. R-2014-_,
adopted May 20, 2014.
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Daniel Patton, Artist