HomeMy WebLinkAbout00-38 Resolution No. 00-38
RESOLUTION
AUTHORIZING EXECUTION OF AN ART LOAN AGREEMENT WITH
ELGIN COMMUNITY COLLEGE
(Indian Hunter Sculpture)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute an Art Loan Agreement on behalf of the City of
Elgin with Elgin Community College for the display of a
sculpture entitled "Indian Hunter" by Elgin Community College,
a copy of which is attached hereto and made a part hereof by
reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: February 9, 2000
Adopted: February 9, 2000
Vote : Yeas 5 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ART LOAN AGREEMENT
THIS AGREEMENT is hereby made and entered into this / '
day of ;,..«t , 2000, by and between the city of Elgin,
Illinois, a muni ipal corporation (hereinafter referred to as
"City" ) and Elgi Community College , a
(hereinafter referred to as "ECC" ) .
WHEREAS, City owns a sculpture entitled "Indian Hunter"
(hereinafter referred to as "Sculpture" ) ; and
WHEREAS, City and ECC have each determined it to be in
their best interests for City to loan Sculpture to ECC for
public display;
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the sufficiency of which are
hereby acknowledged, the parties hereto hereby agree as
follows :
1 . City shall permit ECC to display Sculpture at
Elgin Community College (hereinafter referred to as "Display
Location" ) from February 7, 2000 through May 8 , 2000 .
2 . ECC shall provide for and pay all costs associated
with the transportation of Sculpture from Sculpture ' s current
location at the property commonly known as the Elgin
Historical Society Museum (Old Main) (hereinafter referred to
as "Home Location" ) to the Display Location, and from the
Display Location back to the Home Location.
3 . ECC, it agents, employees and assigns, shall hold
harmless and indemnify City, its agents, employees and
assigns, from and against any and all causes of action, suits,
claims for damages and any and all other liability of
whatsoever nature, including but not limited to attorney' s
fees, arising out of or claimed to have arisen out of, ECC ' s
negligent performance of the terms of this agreement,
including but not limited to the display or transportation of
Sculpture .
4 . ECC shall provide insurance, naming City as an
additional insured, in an amount of not less than $2 , 000 for
any damage to Sculpture during the term of this agreement,
including, but not limited to, transportation of Sculpture .
5 . This agreement shall not be construed so as to
constitute a joint venture, partnership, employment or agency
relationship between the parties hereto.
6 . The terms of this agreement shall be severable . In
the event any of the terms or provisions of this agreement are
deemed to be void or otherwise unenforceable for any reason,
the remainder of this agreement shall remain in full force and
effect .
7 . This agreement shall be subject to and governed by
the laws of the State of Illinois . Venue for the enforcement
of any rights or the resolution of any disputes arising out of
this agreement shall be in the Circuit Court of Kane County,
Illinois .
8 . ECC shall return Sculpture to Home Location no later
than May 10, 2000 .
9 . This agreement represents the entire and sole
agreement between the parties hereto. No other oral
agreements exist nor shall be enforceable between the parties
hereto. This agreement shall not be modified or amended
without a written agreement between the parties hereto.
CITY 0 ELGIN ELGIN COMMUNITY COLLEGE
By By Sit,:e•A
Joy A. ParkerAs-,L"r„./6-%.7(
City Manager Its
Attest :
City Clerk
C
OF Etc,
�-�.1, � City of Elgin Agenda Item No.
,
kliu)FFV,
February 9, 2000
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Loan of City-owned Art to Elgin Community College
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with a request from Elgin Community College for
a loan of a piece of City-owned art .
BACKGROUND
The City Manager' s Office has been contacted by Gallery Curator, at
Elgin Community College and the Dean of Liberal Arts & Social
Services, with a request for a loan of a piece of city-owned art to
the college for a temporary showing at the Visual and Performing
Arts Center. The piece, "Indian Hunter", by Trygve Rovelstad, would
be included as part of a showing of the artist ' s work, including
the piece, "Pioneer Family Memorial Sculpture". The "Indian Hunter"
is owned by the City and is currently on display at the Elgin
Historical Society Museum at Old Main. The museum has given its
permission for the piece to be removed from its exhibit . The
College has requested that the piece be on display from February
through May 7, 2000 .
The College will be responsible for providing insurance on the
piece and will be responsible for costs of moving the piece and
costs associated with the exhibit . The estimated value of the
piece is $2, 000 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Historical Society Museum
0 FI34
ANCIAL IMPACT
The City of Elgin will not be responsible for any costs associated
with the loan. Elgin Community College will provide the
appropriate insurance coverage and cover the costs of transporting
the piece and display.
Loan of City-owned Art to ECC
February 9, 2000
Page 2
elkik.,/ LEGAL IMPACT
None.
ALTERNATIVES
1 . Approve the request from Elgin Community College for a loan of
the "Indian Hunter" piece and enter into an agreement with the
College regarding said loan.
2 . Do not approve the loan of the "Indian Hunter" piece to Elgin
Community College .
RECOMMENDATION
It is recommended that the City Council approve a loan of
Rovelstad' s "Indian Hunter" to Elgin Community College for display
and direct staff to prepare an agreement regarding the loan of this
piece .
Re ectfully submit ed,
J e Parker
City Manager
od
Attachment