HomeMy WebLinkAbout04 LICENSE AGREEMENT FOR ARTWORKAgenda Item 4 Reviewed: -~` AGENDA REPORT City Manager _ Finance Director N/A MEETING DATE: FEBRUARY 21, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DAVID A. WILSON, DIRECTOR, PARKS & RECREATION SERVICES SUBJECT: LICENSE AGREEMENT FOR INSTALLATION OF ARTWORK ON PUBLIC PROPERTY SUMMARY: Since the completion of Citrus Ranch Park in 2009, the Tustin Community Foundation (TCF) and the Citrus Ranch Park Ad-Hoc Committee have been actively planning and fundraising to complete the Citrus Ranch Park Art Wall Project. The TCF is seeking approval of a License Agreement to create and install the artwork at Citrus Ranch Park. The License Agreement has been reviewed by the City Attorney's office and approved to farm. RECOMMENDATION: Approve the final design and License Agreement for Installation of Artwork on Public Property. FISCAL IMPACT: No fiscal impact. The installation of the Citrus Ranch Park Art Wall is funded with private donations gifted to the TCF Partners in Parks Program. BACKGROUND: Citrus Ranch Park was developed with a masonry entry wall specifically designed to host a community art project. For the past two years, a dedicated group of volunteers comprised of members from the Community Services Commission, the Tustin Area Council for Fine Arts (TACFA), and the TCF have been diligently working in the community to privately fund the project and equitably select a competent artist to complete the artwork. In 2011, the TCF and the Citrus Ranch Park Ad-Hoc Committee reached their fund- raising goal of $7,500 to move the project forward. To obtain their monetary goal, the volunteers sold lemonade for two summers at the Concerts in the Park held in Peppertree Park and hosted events in the community to promote and raise capital for the project. Direct donations from businesses, service clubs and individuals also contributed to the final total of $11,115. The remaining balance of $3,615 could be used for future parklart projects. This past summer local artists were solicited through a public proposal process led by the TCF to determine a suitable artist to design and complete the artwork. Through the process, six proposals were submitted by artists, and Mr. Michael Tauber of Laguna Beach was unanimously selected by the TCF and the Ad-Hoc Committee to create the artwork. The final design is a 4' x 24' mural hand painted on fine art tiles which will decorate the entire project area with a scene depicting the view from the park's hilltop gazebo. The concept was reviewed and unanimously approved by the Community Services Commission at their regular meeting on November 16, 2011, for installation at Citrus Ranch Park Entry Wall. Now, the TCF is seeking approval through a License Agreement to complete the artwork at Citrus Ranch Park. As per the License Agreement, upon completion of the project, the art piece will become the sole property of the City of Tustin. After final approval of the file installation, the artwork will be sealed to mitigate vandalism and the artist will guarantee his work with a one-year warranty. The artwork at Citrus Ranch Park is scheduled to be completed this spring. Please review the attached proposed artwork and information regarding the artist. Respectfully submitted, Cavid .Wilson Dir tar, Parks and Recreation Services Attachments ~`°' INSTALLATION f3F TWDRI~ €}N PUBLIC PRE~PERTY LICENSE AG EMENT is License Agreement is made this day of 2012 by and between the City ofTustin {hereafter "City"}, and The Tustin Community Foundation (hereafter "Licensee"}. 1. G T OF LICENSE. City hereby grants a temporary license to the Licensee for the purpose of installing handmpainted ceramic art tiles (°'Artwork"} to decorate the entry wall of the City-owned Citrus Ranch Park located at 2910 Portola Parkway, Tustin, CA 92782 ("Premises"). The City grants Licensee with the non-exclusive right for ingress and egress from the nearest public right of way onto the Premises, Monday -Friday, 700 a.rn. - 5:00 p.m. subject to any restrictions stated herein, on foot or motor vehicle, including trucks or equipment required for the installation of the Artwork subject to the limitations set forth in this Agreement.. 2. TERM. The City reserves the right to revoke this License at any time. Unless modified or terminated, the License term shall be 120 days from the commencement of the installation at which time it will expire automatically. 3. LICENSE SECURITY DEPOSIT. Licensee shall post a refundable security deposit in the amount of $750 at the time of the City Council's approval of the Agreement. 4. INDEMNIFICATION. To the maximum extent permitted by law, Licensee agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses, damages, or costs of any nature, including attorney's fees, for injury or death of any person or damage to property or interference with the use of property and for errors and omissions committed by Licensee arising out of or in connection with the installation of the Artwork at the Citrus Ranch Park Entry Wall, and related activities of Licensee, its agents, employees and subcontractors under this Agreement. 5. INSU CE. Prior to commencing performance of this Agreement, Licensee agrees to obtain and maintain general liability insurance with limits not less than. X1,000,000 per accident. Such insurance shall: (1} name the City of Tustin, its elected officials, officers, agents and employees as additional insured; (2} be primary in coverage; (3} contain standard separation of insured's provisions; and {4} give to City prompt and timely notice of claim made or suit instituted arising out of Licensee's operations hereunder. Licensee shall: (a} prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsements to City which shall clearly evidence all coverage required above; (b} provide that such insurance shall not have its required limits reduced or terminated except on thirty (30} days prior written notice to City; {c} maintain such insurance covered by this Agreement; and replace such certificates for policies expiring prior to the expiration of this Agreement. 792}98.1 7. LICENSEE USE OF PEEMISES. Licensee shall cause the installation of the Artwork at the Premises in a safe, sound, skillful and workmanlike manner in compliance with ail laws, including, but net limited to, environmental laws, within the term of the License Agreement. Licensee agrees that any and all use at, near, beneath or related to the Premises shall be at the sale cast and expense of Licensee, and Licensee shall be responsible far the lawful disposal of all materials, matters and ether by-products Licensee brings ante the Premises. During installation of the Artwork the Licensee will make reasonable efforts to define an appropriate temporary work space that is safe far the Licensee and general public. During installation the Licensee will secure the temporary work space with a defined perimeter and signage to the satisfaction of the City. The temporary work space shall not exceed 20'x 40' and shall be located directly adjacent to the Artwork Installation Site. The temporary work space shall not impede vehicular and pedestrian traffic. The temporary work space shall be removed and cleaned-up after each day; and unauthorized. storage of equipment ar supplies overnight is prohibited. The Licensee shall cooperate in maintaining the site in a safe, clean and orderly condition. Licensee shall. obtain the City's "Final Approval" far the installed work. Upon "Final Approval", Licensee will donate the Artwork to the City, transferring to the City all title and sale ownership of the Artwork, including the right to exhibit, maintain, repair, restore, stare and destroy the Artwork. Upon campietian of the installation and "Final Approval," the Licensee shall remove all personal property and otherwise restore the premises in good condition. as determined by the City. 8. PREMISES AS-IS. In entering the Premises, Licensee accepts the Premises conditions as may exist from time to time without any representation or warranty by the City, and without any duty of the City to warn of any conditions. Accordingly, Licensee agrees to assume all risks associated with entry and presence on the Premises and releases the City from any and all liability that might arise from the condition of the Premises. 9. GOVERNING LAW. This License Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of California, with venue in Orange County. l0. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorney's fees and court casts, including appeals, if any. 2 11. ASSIGNll~IENT$ This License Agreement may not be assigned or transferred without the written approval of the City Council or City, to be determined and granted at the discretion of the City Council or City4 12. NOTICES. Any notice required tc~ tie given under this License Agreement may be provided by personal service or fir~.i (;~~i~J mail, postage prepaid, as follows; City: City Clerk City of Tustin 300 Centennial Way Tustin, CA 92780 Copy to: Woodruff Spradlin 8z Smart 555 Anton Blvd. Suite 1200 Costa Mesa, CA 92626 Attn: David E. Kendig, City Attorney Licensee: Tustin Community Foundation Post Office Box 362 Tustin, CA 92781 Attn: Erin Nielsen, Executive Director DATED: DATED: APPROVED AS TO FORM: By: City Attorney TUSTIN COM~'fL~?~T1T~~ FOUNDATION 1 ~ Name: Chuck Puckett Tale: president By: ATTEST: City Clerk Date: Date: 3 ~~zssg. ~ Citrus Ranch Park, Art Wall Donors Evart Donations # Donors CONCERTS IN THE PARK: Lemonade Sales, 2 summers, $2 each Wiki Wiki Shaved ice, booth profit Subtotal $ 1,336 668 $ 289 NIA $ 1,625 668 DIRECT DONATIONS: Baker, Gary L. DeBenedetto, Mitch Enderle Center Grande, Wendy O Entertainment Sowder, Debbie Tustin -Santa Ana Rotary Tustin Area Woman's Club Tustin Host Lions Club West Coast Arborists Subtotal $ 1,000 1 $ 150 1 $ 1,000 1 $ 1,000 1 $ 1,000 1 $ 25 1 $ 1,125 1 $ 100 1 $ 1,000 1 $ 100 1 $ 6,500 10 FLIP FLOPS LEMON DROPS, 2 EVENTS: Note: Each donation counts as only 1 sponsor even though several people might have attended Abelove, Jonathan $ 100 1 Altowaiji, Sam $ 90 1 Arends King, Pamela $ 20 1 Berkheimer, Tammis $ 20 1 Berry, Nancy $ 40 1 Binsack, Elizabeth $ 125 1 Brawley, Debora $ 25 1 Bright, Rachael $ 25 1 Browne, Jillian $ 25 1 Buckley, Libby $ 20 1 Cady, Cherrill $ 45 1 Caligiuri, Michelle $ 20 1 Cebrun, Sharon $ 105 1 Charette, Marissa $ 25 1 Chay, Julie $ 40 1 Clanton, Chad $ 25 1 Coco, AJ $ 20 1 D'Arcy, Susannah $ 25 1 DeBenedetto, Mitch $ 40 1 Dobak, Susan $ 25 1 Doughtery, Devon $ 20 1 Dove, Archie $ 90 1 Esposito, Marilyn $ 20 1 Ewing, Susan $ 45 1 Fahrney, Sharon $ 20 1 Fortner, Lis $ 190 1 Gomez McKeon, Beckie $ 40 1 Greene, Wendy $ 25 1 Guerrero, Barbara $ 20 1 Haider, Tim $ 50 1 Hart, Maggie $ 20 1 Citrus Ranch Park, Art Wall Qonors Event Donations # Donors Henderson, Ken $ 45 1 Hileman, Kate $ 25 1 Hogan, Maggie $ - 1 Huston, Bill $ 25 1 Jolly, Jaime $ 25 1 Jones, Irene $ 25 1 King, Sara $ 20 1 Kozak, Steve $ 20 1 Kreitzer, Alice $ 65 1 Levinson, Amy $ 45 1 Loveland, Sherri $ 25 1 Marsh Peery, Donna $ 45 1 Maynard, Penny $ 45 1 Moore, Erin $ 50 1 Nash, Dottie $ 20 1 Nicolai, Eligia $ 25 1 Nielsen, John $ 70 1 Oberlin, Sissy $ 20 1 Puckett, Chuck $ 25 1 Recchia, Kristi $ 25 1 Robertson, Carrie $ 20 1 Robishaw, Sue $ 20 1 Ropele, Don $ 90 1 Sakimoto, Sharyn $ 20 1 Sullens, Walter $ 90 1 Sweeney, Cynthia $ 100 1 Tortora, Dennis $ 25 1 Uribe, Chris $ 405 1 Voldman, Stella $ 20 1 Whisler, Gretchen $ 20 1 Willo, Susan $ 50 1 Wilson, David $ 65 1 Zaki, Abir $ 20 1 Subtotal $ 2,990 64 GRAND TOTAL FUNDS RAISED/# OF DONORS $ 11,115 742 Mike Tauber Murals -Site Specific Art -Environmental Design E: MikeTauberc~sprintmail.com Mobile 949/497-3597 www.MikeTauberStudios.com 1278 Gtenneyre #163, Laguna Beach, CA 92651 Application -Citrus Ranch Park RESUME: Mike Tauber, Artist Page 1 of 2 About The Artist: Mike Tauber is a full time professional artist specializing in site-specific art. Tauber does award-winning large-scale interior and exterior permanent installations. He specializes in hand glazed file murals and sculpture, steel sculpture, painted murals, and wall relief in ceramic and cement. Tauber earned his Bachelors Degree in Art with an emphasis in Environmental Design, from the College of Fine Art at San Diego State University in 1985. He began his career as a junior architect and draftsman, and evolved into mural work. He has been commissioned in Mexico, Queensland, Rio de Janeiro and western United States. Tauber is based in southern California. Professional Activities: Conducts site inspections, reviews building codes, establishes budgets, specifies materials, researches histories, conducts information interviews, responds to requests, creates designs, scaled drawings, elevations and site plans, establishes schedules and calendars, engages subcontractors. Presents visuals to customers, stakeholders, grantors, neighborhoods, publishes notices and authorizes notifications, collects input from public, writes press releases, presents at board meetings and public hearings at City Halls,. Purchases materials, creates actual samples, creates finished artwork, selects and supervises subcontractors and vendors; supervises delivery and installation, maintains timely communication, responds to customer needs after project completion, attends public unveilings. Art in Public Places "Galt Board', exterior monument, the/wood, Laguna Playhouse at Peppertree Park, Laguna Beach 2011. "Divers Cove", exterior pictorial sculpture, the on easel, Wells Fargo Bank, Laguna Beach 2010-12. "Tropical Fish", ceramic exterior wall relief , 4'x40' long. Dr Simons Endodontist, San Clemente CA, 2009. "Community', cement and metallic exterior wall relief, 5' x 110' long. Hagan Place, Laguna Beach CA. 2007. "Canyon Preserve", exterior the mural, 9'x9'. Laguna Beach County Water District, 2006 (couaborative,M. Taylor) "Elephant Seaf', painted cutout, Pacific Marine Mammal Center, Laguna Beach, 2007. "The Harvester", exterior painted mural, 9'x9', Huntington Beach Brewery, 2004. Public Art Commissions Port Authority, City of San Diego "Metamorphosis" Urban Tree Six- outdoor sculpture competition, Harbor Drive. 2009-10. "Clean Up Cre>a', outdoor sculpture installation, Embarcadero Park. Collaborative project with Anna Hamann. Enlarged Ant Sculptures installed at public picnic area. 15"x18"x30" Steel and ceramic. 2008. City of Fullerton/Fullerton Museum Center "Undersea Mosaic" student mural project, displayed at Fullerton Plaza- temporary installation, paint on multiple panels,l2feet x 9 feet, by Mike Tuber and ten high school students, 2006. "Leo Fender Murals", Amtrak Transit Center Parking Garage, painted on cement exterior wall, Twa Murals, 4'x10'each. By Mike Tauber and nine high school student assistants, 2005. Lindberg Field Airport /San Diego Airport "Citrus Banners", Two painted banners, 16'x4', each, San Diego Airport. 2005. City of Laguna Beach OC Transit Center Murals, 2011. Street Banner Exhibition,2003. Street Palettes Exhibition, (2), 2001. (continued) Application- Citrus Ranch Park Resume' Mike Tauber P.2 of 2 Government Agencies, Institutions, Organizations San Diego Fine Art Society, 2009-10, Sculpture in the Gardens, the picture /steel easel, at botanical park. Bishop's School, La Jolla, 2008, interior murals in student writing lab, students assisted. Archdiocese of Oranae-St Catherine's Church, 2007, replication of historical murals in Sanctuary walls and ceilings. Italian faux-mabre' painted treatment on interior colonnade. Santa Ana Watershed Proiect Authority, Riverside, 2002: 10foot X 30 foot wall mural of aqueduct imagery. Top-Of-The-World School 2001, "World's Largest Bookworm" suspended steel sculpture. (co~~aborativeAHamann) Commercial Exteriors and Interiors Kaiser Permenente. Irvine, 2011. Ceramic the mural. Whole Foods Grocery, Laguna Beach, 2010. Four landscape murals along exterior building facade. Geppetto's Toy Stores, San Diego County, 1998-present. Logo Characters on all signage, fixtures and wall murals on eight retail stores including Fashion Valley, Old Town, Hotel Del Coronado, and La Jolla. Don Rav Construction, 2007-present. Interior wall murals at dental offices in Moorepark, Chino Hills, Redondo Beach, and Pasadena. K. Hovnanian Homes Inc., 2001-present, 80 custom murals and canvas paintings far model homes throughout Southern California, including The Lodge at Four Seasons in Hemet. Pottery Place Center, Laguna Beach, 2006. Restoration of "Greeter" sculpture by Charles Bouvier, and "Potter" wood relief on building facade. Bassett Place Mall, EI Paso, 2005, interior atrium mural, 17'x28', at retail destination. Child's Play Toys, 2003-7. Logo characters an storefront facades, fixtures, feature displays and wall murals in three retail stores. Irvine Spectrum, Redondo Beach, Marketplace Mall, Long Beach. Cafe Socrates, 1999 / 2005. Interior and facade murals at restaurants. Fashion Valley Mall, and Escondido. Fashion Valley Mall, 1999. 11 foot X 25 foot mural of sports figures, paint on wall. Exhibits and Galleries (partial list) Studio Arts Gallery, Laguna Beach. Fine Art Tiles, 2008-present. Festival of Arts at Pageant of the Masters, Laguna Beach, ceramic tiles, 1998- present. Palm Springs Art Museum, ACE juried show, ceramic tiles, 2010, 2011. La Quinta Arts Festival, ceramic tiles, 2011, 2012. City of Palm Springs, juried show, 2009, 2010, 2011. Orange County Center for Contemporary Art, "Perpetual Indulgence" show, June 2007, Awards and Credentials "Artist of the Year" nominee, Art Stars, Laguna Beach Arts Alliance, 2011. "First Place" award, City of Laguna Beach Juried Competition, 2009. "Best Collaborative Project" award, Art Stars, Laguna Beach Arts Alliance, 2008. Grant recipient, Community Art Project, Laguna Beach, 2006. Education BFA degree, College of Fine Arts, San Diego State University, 1985. Activities Arts Commissioner, City of Laguna Beach, 2000-2009. Four consecutive terms, retired. Program Coordinator, Art-To-Goat Festival of Arts, Laguna Beach, 1999-present. Program Coordinator- Education, Laguna Outreach for Community Arts, 2009-present. # ## ~e n~'°q n ~ ~ R 4 ~a~~~ a 3 3 , 3 aka ;=~ =~~''" za,. ^ea~~ 'aA~°a ;;°a$? a$~3o ~~s TA 3 `n n ~ 3 30~+ a,..o `>s~- g3$G'