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CITY COUNCIL STAFF REPORT
DATE: June 21, 2006 CONSENT CALENDAR
SUBJECT: AMENDMENT NO. 2 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 is now is seeking approval
of three additional works of art valued at $209,500, bringing the total approved
reimbursement to $407,050, which would be paid to the Owner from the Public Art fees
as they are paid.
RECOMMENDATION:
Adopt Minute Order No. approving Amendment No. 2 to Agreement No. A5101 with
Palm Springs Classic, LLC for placement and reimbursement of three additional works
of public art on the Escena Project.
STAFF ANALYSIS:
The Owner has submitted "Developer Application for Refund of Public Arts Fee" for
three additional works of art 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 works of
public art and sites:
A) Stone and Glass Monoliths by Otto Rigan. This piece consists of two 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 Item No. n . F.
City Council Staff Report
June 21, 2006 -- Page 2
Amendment NO. 2 to Agreement NO. A5101 Placement and reimbursement of Public Art with Palm
Springs Classic, LLC.
mirrored glass inlays. The works stand 12 feet by 4 feet wide and 3 feet
deep. The cost of the sculpture is $117,000.
B) Wind Wave by Steve Rieman. This is a kinetic sculpture made out of
weathered and stainless steel. It has a 16 foot mast with 4 foot motion
elements. The dynamic dimensions are 24' x 20' x 6'. This sculpture will be
installed at the main entrance, located at Gene Autry Trail and Vista Chino.
The Commission unanimously approved this work with the condition that the
center portion of this piece be more abstract. A revised sketch was presented
at the April 13 Public Arts Commission meeting and approved. The cost of
the sculpture is $41,000.
C) Escena Reflections by Frank Morbillo. These sculptures will be located at the
Clubhouse at the main entrance. There will be three 6 foot columns in the
reflecting pools, designed to interact with one another showing a progression
of movement. This progression will be seen as the viewer approaches the
site from the east and also looking at the columns in a line from either end.
The cost of the sculpture is $51,500.
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 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 Art Fees, from the Public Arts Acc unt# 0-30-4408-5001
44
Cathy VA Horn, Economic Development J hn RAmq/hA Director of Community
and Public Art Administrator a cono i evelopment
David H. Ready, City tiger Thomas J. Wils n, Assistant City
Manager
Attachments:
Minute Order
Amendment No. 2 Agreement A5101 for Reimbursement of Public Art
Exhibit "A"
MINUTE ORDER NO.
APPROVING THE SECOND 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 $209,500.
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving the Second 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 $209,500, was
adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 215t day of June 2006.
James Thompson, City Clerk
SECOND AMENDMENT
AGREEMENT NO. A5101
PLACEMENT AND REIMBURSEMENT OF PUBLIC ART BY AND BETWEEN
THE CITY OF PALM SPRINGS AND PALM SPRINGS CLASSIC, LLC
THE SECOND AMENDMENT to Agreement No. A5101 for Placement and
Reimbursement of three additional pieces of Public Art by and between the City
of Palm Springs and Palm Springs Classic, LLC is made and entered into this
21 sY day of June 2006 amends that certain agreement dated May 18, 2005 and
amended on September 7, 2005, as follows:
A) Stone and Glass Monoliths by Otto Rigan. This piece consists of two
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 by 4
feet wide and 3 feet deep. The cost of the sculpture is $117,000.
B) Wind Wave by Steve Rieman. This is a kinetic sculpture made out of
weathered and stainless steel. It has a 16 foot mast with 4 foot motion
elements. The dynamic dimensions are 24' x 20' x 6'. This sculpture
will be installed at the main entrance, located at Gene Autry Trail and
Vista Chino. The cost of the sculpture is $41,000.
C) Escena Reflections by Frank Morbillo. These sculptures will be
located at the Clubhouse at the main entrance. There will be three 6
foot columns in the reflecting pools, designed to interact with one
another showing a progression of movement. The cost of the sculpture
is $51,500.
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
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EXHIBIT "A"
Wind Wave by Steve Rieman
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