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HomeMy WebLinkAbout4/4/2007 - STAFF REPORTS - 2.G. ry U N •* ry`Oej rt c4<i Fp0 Ra P 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. y 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 ju� ; -----