HomeMy WebLinkAbout4/4/2007 - STAFF REPORTS - 2.G. ry
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CITY COUNCIL STAFF REPORT
DATE: April 4, 2007 CONSENT CALENDAR
SUBJECT: AMENDMENT NO. 4 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. The Owner is unable to install one of the originally
approved works of art as described in the previous amendment and is seeking approval
to reduce the size of the sculpture by 3 feet 4 inches, with all other elements and cost
remaining the same.
RECOMMENDATION:
Adopt Minute Order No. approving Amendment No. 4 to Agreement No. A5101
with Palm Springs Classic, LLC for the aesthetic change, placement and reimbursement
of public art on the Escena Project.
STAFF ANALYSIS:
Palm Springs Classic, LLC submitted a "Developer Application for Refund of Public Arts
Fee" for the placement of artwork on sites near the primary entrances to the Escena
Project. On March 9, 2006 the Public Arts Commission reviewed and unanimously
approved the Owner's Application for the following work of public art and site:
A) Stone and Glass Monoliths by Otto Rigan. This piece consists of three vertical
sculpture elements located in the round-about at the main entrance off of
Vista Chino. The sculptures are fabricated of solid Utah sandstone with
mirrored glass inlays. The works stand 12 feet high by 4 feet wide and 3 feet
deep. The cost of the sculpture is $117,000.
ITEM NO.
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City Council Staff Report
April 4, 2007 -- Page 2
Amendment NO. 4 to Agreement NO. A5101 Placement and reimbursement of Public Art with Palm
Springs Classic, LLC.
On June 21, 2006 City Council voted to adopt Minute Order No. 7877 approving
Amendment No. 2 to Agreement No. A5101 with Palm Springs Classic, LLC for
placement and reimbursement of the aforementioned piece of public art at the Escena
Project.
At the March 8, 2007 Public Arts Commission meeting, Palm Springs Classic, LLC
informed the Commission that the piece Stone and Glass Monoliths by Otto Rigan could
not be installed as originally presented. These sculptures will be placed in the round-
about in front of the Main Clubhouse. In this location at the originally proposed height of
12 feet the sculptures would stand taller than the lowest eave of the building which is
only 10 feet high. It was mutually agreed by the developer and the artist that the pieces
would be reduced to 8 feet 6 inches tall instead of the originally designed 12 feet due to
aesthetic purposes. The Public Arts Commission approved the artwork revision as
presented. All other elements of the sculpture will remain the same. The pieces will still
be installed at the round-about off the main entrance from Vista Chino with the cost
remaining at $117,000_
In accordance with the Public Arts Ordinance No. 1479 Chapter 3.37 the artwork meets
the criterias under Section 3.37080 (a) Art Site Acceptability; and Section 3.37090 (a)
Criteria for Artwork Selection.
FISCAL IMPACT: Finance Director Review:
There is no impact to the General Fund. The reimbursement shall be made, after the
project pays Public Fees, from the Public Arts Account#150-30-4408-500
Jennifer enni6g, Public Aft & Special hn)W o d, Director of Community
Projects Coordinator d'Econ�yi Develop ent
David H. Ready, City M er Thomas J. W' on, Assistant City
Manager
Attachments:
Minute Order
Amendment No. 4 Agreement A5101 for Reimbursement of Public Art
Exhibit "A"
MINUTE ORDER NO,
APPROVING THE FOURTH 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..
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving the Fourth Amendment to Agreement No. A5101 for
the Aesthetic Change, 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, was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on the 4th day of April 2007.
James Thompson, City Clerk
FOURTH AMENDMENT
AGREEMENT NO. A5101
PLACEMENT AND REIMBURSEMENT OF PUBLIC ART BY AND BETWEEN
THE CITY OF PALM SPRINGS AND PALM SPRINGS CLASSIC, LLC
THE FOURTH 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 reduce the size of the previously approved
sculpture Stone and Glass Monoliths by Otto Rigan by 3 feet 4 inches, with all
other elements and cost remaining the same, is made and entered into this 4th
day of April 2007 amends that certain agreement dated May 18, 2005 and
amended on September 7, 2005, June 21, 2006, and February 21, 2007 as
follows:
A) Stone and Glass Monoliths by Otto Rigan. This piece consists of three
vertical sculpture elements located in the round-about at the main
entrance off of Vista Chino. The sculptures are fabricated of solid Utah
sandstone with mirrored glass inlays. The works stand 8 feet 6 inches
high by 4 feet wide and 3 feet deep. The cost of the sculpture is
$117,000.
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
ATTEST: City Manager
By:
City Clerk
REVIEWED AND APPROVED BY:
City Attorney
EXHIBIT "A"
Stone & Glass Monoliths by Otto Rigan
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