HomeMy WebLinkAbout97-264 Resolution No. 97-264
RESOLUTION
AUTHORIZING EXECUTION OF AN ART LOAN AGREEMENT
WITH THE DEMIR FOUNDATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert O. Malm, Interim 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 The Demir Foundation for the public display of
the sculpture entitled "Seven at the Gates of Dawn" pursuant to
the Cultural Arts Commission Arts and Culture Grants Program, a
copy of which is attached hereto and made a part hereof by
reterence.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: November 5, 1997
Adopted : November 5 , 1997
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ART LOAN AGREEMENT
THIS AG EM T is hereby made and entered into thisct(
day of a , 1997, by and between the city of Elgin,
Illinois, a mun cipal corporation (hereinafter referred to as
"City" ) and the Demir Foundation, an Illinois not-for-profit
corporation (hereinafter referred to as "Foundation" ) .
WHEREAS, Foundation owns a sculpture entitled "Seven at
the Gates of Dawn" , sculpted by David Powers (hereinafter
referred to as "Sculpture" ) ; and
WHEREAS, City has determined it to be in its best
interests and the best interests of its residents to arrange
for the public display of Sculpture on City' s property.
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the sufficiency of which is
hereby acknowledged, the parties hereto hereby agree as
follows :
1 . Foundation shall transport and install Sculpture at
City' s reasonable discretion at a` A&ocation in Foundry Park,
Elgin, Illinois on or before IVQC/ / , 1992, and
shall remove Sculpture upon the termination of this agreement.
Such transport, installation and removal shall be at
Foundation' s sole expense.
2 . Foundation shall hold harmless and indemnify City
from and against any and all claims for damages, causes of
action, suits and any and all other liability, including but
not limited to, damage to Sculpture, claims based on copyright
or other license infringements and reasonable attorney' s fees,
arising out of or in connection with, the aforementioned
transportation, installation and removal of Sculpture.
3 . City shall hold harmless and indemnify Foundation
from and against any and all claims for damages, causes of
action, suits and any and all other liability arising out of or
in connection with City' s negligent performance of the terms of
this agreement, and from and against any damage to Sculpture
other than as a result of natural wear and tear, subsequent to
Sculpture' s aforementioned installation and prior to
Sculpture ' s aforementioned removal . Such indemnification by
City for damage to Sculpture shall be limited to an amount of
not more than $18, 000 .
4 . City shall permit Foundation, through Foundation' s
designees, during such reasonable times and under such
reasonable conditions as City may establish, to enter upon
City' s property to perform such regular maintenance and repair
as may be reasonably necessary, from time to time, in
Foundation' s discretion, to maintain the condition of
Sculpture. Such periodic repair and maintenance shall be at
City' s sole expense. City' s liability for such repair and
maintainance costs shall be limited to $750 per ye r.
5 . This agreement shall terminate on et) / ,
200a.
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 . The agreement shall be subject to and governed by the
laws of the State of Illinois . Venue for the enforcement of
any of the terms and provisions of this agreement, or any
rights arising therefrom, shall be in the Circuit Court of Kane
County, Illinois .
8 . This agreement shall not be construed so as to create
a joint venture, partnership, employment or other agency
relationship between the parties hereto.
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 F N THE DEMI i TION
By By
Ro ert 0. Malm
In erim City Manager Its v\ J
Attest:6644-,Q____Iko.,,,, 70
City Clerk el<1/444;k/-
-2-
11
�. A�--�3. 1 City of Elgin Agenda Item No.
o
October 16, 1997
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Seven at the Gates of Dawn Loan Contract
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider a loan
contract with the Demir Foundation, as recommended by the
Cultural Arts Commission.
BACKGROUND
David Powers, sculptor, was commissioned by Dr. Richard Demir to
create a monument to the performing arts, Seven at the Gates of
Dawn. This large-scale sculpture, to be loaned to the City of
Elgin for five years, features seven representational human
figures placed in Foundry Park located along Route 31 .
The City Council earlier this year approved the placement of this
sculpture in Foundry Park, and will help provide labor for its
installation and maintenance. The sculptures will be placed
outside of the right-of-way and will not interfere with
motorists ' line of site on the expanded State Street .
The Demir Foundation is willing to loan the Seven at the Gates of
Dawn to the City of Elgin for five years under the provisions of
the attached proposed contract.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Cultural Arts Commission
Parks and Recreation Advisory Board
INANCIAL IMPACT
The City would be required to provide indemnification for damages
to the sculpture up to $18, 020, as well as periodic repair and
maintenance for the artwork limited to $750 per year.
There are sufficient funds available within the annual Cultural
Arts Commission budget, account number 010-1902-709 . 80-10, to
make these expenditures .
•
Seven at the Gates of Dawn Loan Contract
October 16, 1997
Page 2
LEGAL IMPACT
None.
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that the contract between the City of Elgin and
the Demir Foundation for the loan of Seven at the Gates of Dawn,
be approved.
Respectfully submitted,Th()
Thri'aca' - J
? 6
Monica Meyers, Director
Parrks nd Recreation
Rob rt O. Malm
Interim City Manager
DAO
_1
;. 05/c97 09: 51 FAX 3 4 733 6f3 755 DEMIR SIDZC OQ01
-...., -D.
• 0- DEMIR' LSO `t'. . - ti_
i .
MEDICAL GROUP
Obstetrics & C'corony August 4 , 19 9 7
Richard. H. Oernir,M.O.
Christopher G. Olson, M.O.
Mcilike S. Pajer dren, M.O.
Francis M. Donovan, M.D. •
John,P.Josupait, M.O.
Mary Ann Perazzo-Chen, M.D.
Oebarah L. Watford, M.O.
Michael V, Aronsohf,M.O.
Marcerde Neumann, ()GNP MS . Mary Hatch
An.l S�7lurrone, CCNP
Rcch Z"then, OCNP
Nurse Midwife'', Dear Ms . Hatch:
Korea Wexler, CNM
Gr:rda Embry, CNM The Demir Foundation- for the women and
MaryK Mackanin, CNM children, would like to loan the City of Elgin
A;ycc Grant, CNM
1 3c0 GraPnbrook Boulevard for a minimum of five years and a maximum of ten,
Hanover Park, Illinois 60iO3 with a mutually agreed renegotiation of term
phone: 630-213-3000 after five years, the sculpture Seven at The
901 Center Street Gates of Doom by David Powers .
Elgin, Illinois 60120 8600e: 47 6 The City of Elgin will be required to
8600 Northwest
Hi a8
ghev3y . maintain this piece .of sculpture in a commendable
Crystal take, Illinois 60012 way at the Foundry Park site on Route 31 for the
phone: 81S-477.2001 • length of the loan (until removal and transfer)
303 E.array Trail Road covering vandalism, environmental wear, traffic
Bloomingdale, Illinois 60108 Collisions, liability claims for injury at the
phone: 630-532-8600 site, as if the City of Elgin were the owner and
Edward Hospital Women's caretaJ er of the work.
122 for Health It is my pleasure to loan this sculpture and
1 Z20 Center Hobson Reid
,Naperville. Illinois 60504 look forward to participating in the creation of
phone: 630.416.3300 more public art in Elgin. In these matters the
Edward Healthcare Center artist, David Powers, may speak for me.
130 N. Naperville Road
Bolingbrook, Illinois 60440
phone: 630-527.5750
Pedi.ltri s •
Joanne N. Knapik, M.D. Sincerely,
tcAnn West. M.O.
Thida Maw. M.D. • • emir Olson Medical Group
Mvey Mon/ock, PNP
Patricia Craig, PNP
(iai,
1300'Greenbrook Boulevard I
1
Hanover Park, Illinois 60103
phone: 630-213-9700
385 Airport Drive
Elgin, Illinois 60123 Richard H. DeIltir, MDphone: 841•097-3200
303 E.Army Trail Road president
Bloomingdale, Illinois 60108
phone: 630-582.1 133
Medical services are provided by
Tri-Village Obstetric& Gynecologic
Associates, S.C., Tri•Villa;e Pediatric RHO/pd
Associates, S.C., a,tlicted medical
practice corporations end
eat auditorium 11,340 sq. ft. exhibition hall
'_then facilities meeting rooms
City of Elgin Office:(708)697-3616
1:0 Dexter Court Box 0f Tice: (708)931-5900
Elgin, Illinois 60120 Fax:(708)931-5940
September 8 , 1997
Dr . Richard H . Demir
President
Demir Foundation
385 Airport Drive
Elgin, IL 60108
Dear Dr . Demir :
The residents of the City of Elgin will be delighted by your gener-
ous loan of Seven at the Gates of Dawn by David Powers . This wonder-
ful monument to the performing arts , to be situated at Route 31 and
:{imball , will greatly enhance this major gateway to our City . Thank
you so very much for the loan of this magnificent sculpture .
T. have forwarded your loan requirements to the City ' s legal depart-
tent so they may draft an agreement . When you have approved and
signed the agreement, it will be forwarded to City Council for
execution . In the meantime, the Parks and Recreation Department
will continue to work with David Powers to expedite the installa-
tion of this beautiful sculpture .
Please let me know if I may be of any further assistance . Thank you
once again .
Sincerely,
Mary Hatch
Front-of-House Supervisor
cc : Monica Meyers
Dave Osborn
J
7 Figures Project
•
Proposition: To fabricate out of plate steel and supporting 3" tubing, seven 7' tall male
and female figures joined at their hands in a linear chain dance celebrating the performing
arts: music, dance, and theater.
Location: Installation of this sculpture would be on a low sloping rise in the Foundry Park
on the west bank of the Fox River near the southern corner of the intersection of Kimbal
Street and Route 31, south of the fountain,parallel to the present walkway.
Library Hemmen's
It I
Kimbal S Fox River Darn
Bridge
R T•acks.. ..
IT Figures!
IRte 31
(State St.
Characters: Silhouettes of%" steel would be cut out and bent to capture the character and
gesture of each of the seven figures creating remembrances of the three disciplines of
performance: music, dance, theater. This linear grouping would utilize the river banks and
the Hemmen's Auditorium as a backdrop.
•
Erection: Upon completion, the figures would receive two coats of primer, two coats of -
finish, and one coat of a special anti-graffiti clear coating, the same materials used for the
C.I.B. project. They would then be transported, hoisted into place, placed into anchoring
holes, welded together, cemented in place, and paint touched up.
Landscape: Two foot tall prairie grass would be used all around and among the figures, as
though the seven were dancing through a field on the prairie. This would soften the
starkness of the design and make interesting winter texture.
Benefits: Tens of thousands of cars go by this location everyday. Sculpture would enrich
our residents, reinforce the arts, and welcome our visitors.
David Powers
1049 Cedar Av.
Elgin, IL. 60120 •
847-741-8161