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Home My WebLink AboutR-2014-073 Public Art Donation; Star Gazer StatueA RESOLUTION RESOLUTION NO. R-2014-073 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. Exhibit A DONATION OF ARTWORK AS PUBLIC ART FOR CITY OF YAK/MA 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. - 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 1 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 b F Y IMA By: Tony s'Rou e, City Manager ATTEST: By: 1W1 Sonya ClaariTee, City Clerk Pursuant to authority granted by the City Council in Resolution No. R-2014- 073, adopted May 20, 2014 2 DONOR Daniel Patton, Artist BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 11. For Meeting of: May 20, 2014 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 Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Economic Development None Insurance Required? No Mail to: Phone: City Manager APPROVED FOR 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 I. 4. _a. .7 ;134111R90.kir. 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