HomeMy WebLinkAboutWen-ti Tsen - Millennium Plaza Artwork Distribution Agreement AGREEMENT FOR MILLENNIUM PLAZA
ARTWORK DISTRIBUTION
"Water of Life: the Millennium Plaza"
By and Between
CITY OF YAKIMA
And
WEN -TI TSEN
THIS AGREEMENT is made and entered into by and between the CITY OF YAKIMA and WEN -
TI TSEN for the uses and purposes set forth below.
I. RECITALS
A. City of Yakima is a municipal corporation of the State of Washington, hereafter called
"City," with City Hall located at 129 North 2 Street, Yakima, Washington 98901.
B. Wen -ti Tsen, an individual, is a visual artist, hereafter called "Artist," with address at 72
Wendell Street, Cambridge, Massachusetts 02138.
C. City owns certain real property commonly known as the "Millennium Plaza" situated at
22 South 3rd Street, Yakima, and legally described as Lots 13 through 32, Block 51, Plat
of Yakima, Assessor's Parcel No. 191319 - 24507, being 1.8 acres in size.
D. Between 1999 and 2002, Artist created an integrated work of public art known as the
"Water of Life: the Millennium Plaza" (hereafter called "Artwork "), which Artwork
incorporated elements of sculptures, integrated design and placement of natural
elements such as basalt columns, water and vegetation, all situated within a portion of
the Millennium Plaza approximately 90 feet by 90 feet in size.
E. City is pursuing redesign and development of the Millennium Plaza as a public plaza,
which design plans do not allow for the continued placement of the entire integrated
Artwork within the Millennium Plaza. In the event the City makes a final decision to
implement such plans for development and commence construction of the public plaza
project, the parties understand that components of the Artwork must be removed from
their current location, and certain components relocated within the public plaza as set
forth below.
F. The parties desire to set forth their agreement regarding disposition of the Artwork in the
event the City determines to proceed to construction of the new public plaza within and
upon the Millennium Plaza property.
II. AGREEMENT
1. Authority to Destroy and Dispose of Artwork. The parties agree and understand
that City has the right and authority to destroy, remove, relocate and /or dispose of the
Artwork when City determines such destruction, removal, relocation and /or disposition is
necessary or appropriate to accomplish the development of the Millennium Plaza for
new or altered public use, and to promote the general health, safety and welfare of
residents of the City. The parties have entered into this Agreement to set forth the rights
and responsibilities of the parties in the event City determines that relocation, destruction
and /or removal of the Artwork is necessary or appropriate to accomplish the
redevelopment of the Millennium Plaza as set forth in Section 2 below.
2. City's Redevelopment of Millennium Plaza — Notice of Decision. City will provide
written notice to Artist in the event City makes a final decision authorizing
commencement of construction of the redevelopment of the Millennium Plaza, and which
decision would require the destruction, removal and/or revision of the Artwork. Such
written notice will allow Artist and City at least forty -five (45) days to remove the Artwork,
or such portions thereof as determined by City, from the Millennium Plaza, and to allow
City relocation of certain sculptural components and removal of other sculptures,
components and pieces for storage pending return to original contributors, distribution to
Artist, placement in other venues for public display, or other disposition, as further
described in Section 4 below. The timeline may be extended for additional time as
agreed by the parties to accommodate such removal.
3. Costs of Demolition and Removal. As set forth in Section 4(b) below, the Yakima
Valley Museum has agreed to receive and host certain Artwork components if agreeable
to the original contributing artist or donor. In the event the original contributing artist or
donor does not desire the return of any individual sculpture contributed by such artist to
the Artwork, or if such contributing artist cannot be located after reasonable efforts by
City and /or Artist to contact such contributing artist as set forth in Section 4 below, Artist
may remove and retain any contributed sculpture or artwork incorporated into the
Artwork as desired and identified by Artist. Artist shall be responsible for costs of
removal, transportation and storage of any individual sculptures, pieces or components
of the Artwork that Artist desires to retain in his personal possession. City shall be
responsible for costs of demolition and removal of that portion of the Artwork remaining
after Artist has removed those sculptures, pieces or components that Artist decides to
retain in his personal possession.
4. Disposition of Artwork Components. The parties agree to the disposition of the
Artwork and its components as follows:
(a) Relocation of designated components. The sculptures (with basalt
pedestals and including any affixed plaques) shown on the attached Exhibit
"A" shall be relocated by City and placed within the Millennium Plaza as
shown in either of the configurations shown in Exhibit "B ", both exhibits
incorporated herein by this reference. The optional configurations shown in
Exhibit "B" are described herein as the "Trellis Gallery" and the "Alley Gallery"
configurations. Selection of the final configuration shall be vested in the City.
Those sculptures with affixed plaques shall include a notation attributing the
original artwork to Artist. Additionally, if the original bronze fountain piece
entitled "Apple Orchard" is to be incorporated within the Millennium Plaza, it
shall be placed with the incline sloping toward the primary viewing direction.
(b) Placement of remaining Artwork components with Yakima Valley Museum.
As stated in Section 3 above, the Yakima Valley Museum has agreed to
receive and host artworks, personal items, photographic reproductions of
documents and other miscellaneous items contained in the display windows
of the two "Community Walls," together with the bronze pieces implanted in
the concrete walls. The City will attempt to reach each original donor or
contributor of each piece and ask if they are agreeable to placement into the
museum. If they are not, the artwork will be returned to the donor. If the
Yakima Valley Museum elects not to receive and host any component, and
the contributing artist or donor does not desire the return of such contributed
artwork, Artist will retain the ability to remove and retain such items in
accordance with Section 3 above.
(c) Storage and public display of certain remaining Artwork components.
Those components of the Artwork remaining after removal of the items
described in subsections (a) and (b) above, which components have
independent artistic worth as determined by the City in the sole exercise of its
discretion, may be stored at a safe and secure location, at City's expense,
pending final disposition. The parties agree that at least two remaining items
having independent artistic worth are the two bronze statues described as
follows: (i) piece entitled "Mountain Range" currently installed above the
Water Tank; and (ii) piece entitled "Apple Orchard" currently installed above
the Fountain. For these items and other pieces identified as having
independent artistic worth, the City will confer with the City of Yakima Arts
Commission regarding beneficial and appropriate public locations for long-
term public display.
None of the components of the Artwork will be stored in unsecured storage,
placed in casual exhibits, sold, conveyed or donated for private possession,
or offered for sale to the public without the prior written permission of the
Artist. Notwithstanding the above, any component of the Artwork described
in this subsection (b) may be destroyed in accordance with subsection (c)
below if no suitable location for public display can be reasonably achieved or
established by City.
(d) Destruction of remaining Artwork components. Any components of the
Artwork remaining in City's possession after following the procedures of
subsections (a), (b) and (c) above may be destroyed by City. Destruction will
be accomplished by means respectful to the art, which includes any means
resulting in the immediate destruction of such components as opposed to
slow deterioration.
Cooperation of Parties — Dispute Resolution — Governing Law. The parties agree
to cooperate regarding implementation and performance of this Agreement. In the event
of a dispute arising under the interpretation or performance of this Agreement, the
parties agree to first present such dispute to the other party for mutual discussion and
resolution. In the event such efforts do not resolve the dispute, the parties may jointly
elect to submit the dispute to mediation. If such dispute is not resolved through such
means, either party may file suit in a court of competent jurisdiction. Venue for any
action to interpret or enforce this Agreement shall lie in Yakima County or in the federal
district court for the Eastern District of Washington.
This Agreement shall be construed and enforced in accordance with the laws of the
State of Washington.
5. Waiver of Rights Under Visual Artists Rights Act. By signature below, Artist
agrees and affirms that this Agreement constitutes full satisfaction of any right, claim or
demand that Artist may have or assert against City, its elected officials, appointed
officials, employees, volunteers, agents and insurers that have arisen under or may arise
under the Visual Artists Rights Act of 1990, 17 U.S.C. § §106A, 113 and other applicable
statutes or provisions of common law. Artist further affirms that the Artwork is an
integrated work of art, and that Artist has authority to waive rights of any contributing
artist as such contributed artwork is integrated into the subject Artwork. Artist agrees
and covenants to hold City harmless from any and all claims, demands, and liabilities, if
any, arising out of, or claimed to arise out of, the conveyance by City to Artist of any
contributing artist's artwork that was incorporated into the Artwork.
6. Binding Effect — No Assignment. This Agreement shall be binding upon the parties,
their heirs, successors and assigns. This Agreement is personal to the parties named
herein and shall not be assigned to any third party.
7. Entire Agreement — Amendment. This Agreement constitutes the entire agreement of
the parties and shall not be modified or amended except in writing signed by both
parties.
8. Contact Person. The following person will be the City's designated contact to
coordinate and communicate with Artist regarding implementation and performance of
this Agreement:
Sean Hawkins
Economic Development Manager
129 North 2n Street
Yakima, Washington 98901
Phone: (509) 575 -6274
Email: sean.hawkins @yakimawa.gov
9. Effective Date. This Agreement shall be effective on the date signed by the last
party to execute this Agreement.
WHEREFORE, this Agreement is executed by the parties as follows:
CITY OF YAKIMA: ARTIST:
et/nAZ �/ / By: By:
Jeff - '/Interim City Manager Wen -ti Tsen
Date:rA ra ( mil Date: J/z
ATTEST: N '
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RESOLUTION NO: /7/4
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