The URL can be used to link to this page

Home My WebLink About2/21/2007 - STAFF REPORTS - 2.H. 7pLM SA _ti y c C -0`lpost CITY COUNCIL STAFF REPORT DATE: February 21, 2007 CONSENT CALENDAR SUBJECT: AMENDMENT NO. 3 TO AGREEMENT NO. A5101 PLACEMENT AND REIMBURSEMENT OF PUBLIC ART WITH PALM SPRINGS CLASSIC, LLC, FROM: David H. Ready, City Manager BY: Community & Economic Development SUMMARY The Council approved the Agreement for Placement and Reimbursement of Public Art with Palm Springs Classic on May 18, 2005. The agreement provides for Palm Springs Classic, LLC (Lennar/Empire Communities), Owner of the Escena Project to provide public art at the major entrances and in other publicly accessible areas within the Escena Community commencing with the on-site improvement and landscaping phase, rather than later as homes are built. As part of the original agreement, Council approved three works of art valued at $197,550. The Owner then sought and received Council approval for three additional works of art valued at $209,500, bringing the total approved reimbursement to $407,050. The Owner is unable to install one of the originally approved works of art and is seeking approval to replace it with another work of art valued at $118,800 to install at the Gene Autry South entrance, bringing the total approved reimbursement to $425,600, which would be paid to the Owner from the Public Art fees as they are paid. RECOMMENDATION: Adopt Minute Order No. approving Amendment No. 3 to Agreement No. A5101 with Palm Springs Classic, LLC for placement and reimbursement of an additional work of public art on the Escena Project. STAFF ANALYSIS: The Owner has submitted "Developer Application for Refund of Public Arts Fee" for the placement of an additional work of art on a site at the primary entrance to the Escena Project. On April 14, 2005 the Public Arts Commission reviewed and unanimously approved the Owner's Application for the following work of public art at the intended site: 1 ITEM NO. City Council Staff Report February 21, 2007 -- Page 2 Amendment NO. 3 to Agreement NO. A5101 Placement and reimbursement of Public Art with Palm Springs Classic, LLC, A) Art Trees by John Oleinik. A cluster of five trees varying in height from 17' to 23' placed near the Gene Autry South entrance to the project. The trunks of the trees are made of Corten steel and the leaves are made of Plexiglas. The Commission reviewed the materials and feels comfortable that the artwork will withstand the desert environment relating to heat, wind and sand. The cost of the five art trees is $100,250. At the October 12, 2006 Public Arts Commission meeting staff reported that Palm Springs Classic, LLC would be unable to install the piece Art Trees by John Olenik because the artist had encountered a scheduling conflict. On December 9, 2006 the Public Arts Commission approved the following artwork that was presented by Palm Springs Classic, LLC to replace the previously approved artwork Art Trees. B) Red Echo by Konstantin Dimopoulos. This is a kinetic sculpture created with polyurethane resin composite rods of varying height located at the main entrance off of Gene Autry Trail. The sculpture is fabricated in vibrant colors of red and orange which is embedded in the individual rods of polyurethane resin reinforced by glass fibers, steel mesh and concrete. The rods range in height from 11.5 — 23 feet is a total of 6 feet wide and will be placed on an 8x8 foot base. The cost of the sculpture is $118,800. The original Agreement provided that ownership and maintenance of the works of public art remain with Palm Springs Classic, LLC, and ultimately will be conveyed to the HOA. The project's CC&R's will reflect the maintenance responsibilities and grant of easement for public accessibility. In accordance with the Public Arts Ordinance No. 1479 Chapter 3.37 the artwork meets the criteria under Section 3.37080 (a) Art Site Acceptability, and Pectio .37090 (a) Criteria for Artwork Selection. r FISCAL IMPACT: Finance Director Review: There is no impact to the General Fund. The reimbursement shall be made, after the projec pays Public A �F es, from the Public Arts Account# 0-30-4408-50015 CZ� id Jennife Hennin , Pu lic Arts John Raym in , Director of Special Projects Coordinator ator an cono De elopme%, David H. Ready, Cit rrager omas J. Wils Assistant City onager Attachments: Minute Order Amendment No. 3 Agreement A5101 for Reimbursement of Public Art Exhibit "A" MINUTE ORDER NO. 7877 APPROVING THE THIRD AMENDMENT TO AGREEMENT NO. A5101 FOR PLACEMENT AND REIMBURSEMENT OF PUBLIC ART ON PRIVATE PROPERTY AND GRANT OF EASEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS CLASSIC, LLC. AND REIMBURSEMENT OF PUBLIC ART FEE IN THE AMOUNT OF $425,600, I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving the Third Amendment to Agreement No. A5101 for Placement and Reimbursement of Public Art on Private Property And Grant of Easement by and between The City of Palm Springs and Palm Springs Classic, LLC and reimbursement of Public Art Fee in the Amount Of $425,600, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 215t day of February 2007. James Thompson, City Clerk THIRD AMENDMENT AGREEMENT NO. A5101 PLACEMENT AND REIMBURSEMENT OF PUBLIC ART BY AND BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS CLASSIC, LLC THE THIRD AMENDMENT to Agreement No. A5101 for Placement and Reimbursement of a piece of Public Art by and between the City of Palm Springs and Palm Springs Classic, LLC, to replace the previously approved artwork Art Trees by John Olenik, is made and entered into this 2151 day of February 2007 amends that certain agreement dated May 18, 2005 and amended on September 7, 2005 and June 21, 2006, as follows: A) Red Echo by Konstantin Dimopoulos. This is a kinetic sculpture created with polyurethane resin composite rods of varying height located at the main entrance off of Gene Autry Trail. The sculpture is fabricated in vibrant colors of red and orange which is embedded in individual rods of polyurethane resin reinforced by glass fibers, steel mesh and concrete. The rods range in height from 11.5 — 23 feet is a total of 6 feet wide and will be placed on an 8x8 foot base. The cost of the sculpture is $118,800. Except as expressly amended herein, all terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this amendment as of the date stated above. OWNER: Palm Springs Classic, LLC Managing Partner Managing Partner CITY OF PALM SPRINGS, a municipal corporation City Manager ATTEST: By: City Clerk REVIEWED AND APPROVED BY: City Attorney EXHIBIT "A" � � r I` 1illl 11y';�1 ` 1�11if ,Vil' � !1 1l ! i `\\� �lrF ,� {`'r�tli'� � ail ii, � � ` �i�l'� III II�•i l'�',1 �i ,� ily y11 ' llyl ' �rl�ill lyll '�� '1 `Jr�' , /� 1,I1111i0 it k wn' �pr.4 k�`'q.,,{Ihti, '� ,� �� .I � h �� ,�li' '1��'�lil,l'%/�7 J��✓ JiI !If F I, Erna nlrvWia�.,,a w / �. � �� ■ � \ � , \ - : � /\\ . - , . : - ,± !}) �f ` ^2 \«}\ ¥� .4 ��, « . ® tee• ! - T - - �\� ! : ■ � f / o - - � \,�� - ! z : . . . . ! � . . - .( . , • . r � • KOG. IN. �A-06 LU ! _._. . LH n �C IN rr