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HomeMy WebLinkAbout1995-04-04; City Council; 13087; ACCEPTANCE OF ARTWORK DONATIONARTWORK DONATION ITEM EXPLANATION “Marmalade Dragonfly” presently located on the corner of El Camino Real and Faraday Avenue, has been on display for the past six months as part of the Temporary Art Exhibition. Artist Benbow Bullock is donating the artwork to the City of Carlsbad. According to the acquisitions policy adopted by the Arts Commission, the Commission has approved the donation appraised at $1 9,500, and is recommending to City Council that it accept the The Arts Commission is also recommending that the artwork be placed in front of the Community Development Building located at 2075 Las Palmas Drive, on the south side of the driveway. The Commission selected this site because: 1) the art is geometric and architectural, 2) the art will be viewed by many visitors and employees, and 3) there is little art presently displayed in that area. If City Council wishes to accept the donation but would like to consider an alternative location, the Arts Commission recommends the corner of Elmwood and Laguna, in front of the Arts Office as a second choice. FISCAL IMPACT The artwork will need to be repainted, moved to a permanent location and installed. Total cost for repairs and installation will not exceed $2,000. City Council is asked to appropriate funds from the CIP Public Art Fund and authorize the Arts Office to expend these funds. There is presently $89,600 in the Public Art Fund. 1. Resolution No. 95 433 2. Black and white photo of artwork. 3. Waiver of Artist’s Rights 3 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a RESOLUTION NO. 95-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,CALIFORNIA, ACCEPTING A DONATION OF ARTWORK FROM ARTIST BENBOW BULLOCK WHEREAS, the Carlsbad Arts Office provides “a variety of quality cultural including all forms of visual and performing arts, to all Carlsbad residents”; and WHEREAS, artist Benbow Bullock has generously offered to donate I “Marmalade Dragonfly” valued at $1 9,500 to the City of Carlsbad; and WHEREAS, the Arts Commission has recommended acceptance of the artwor be placed at 2075 Las Palmas Drive, Carlsbad (Community Development Building); an WHEREAS, if accepted by the City, funds in the amount of $2,000 are ne repairs and installation of this artwork. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C follows: 1. That the above recitations are true and correct. 2. That the artwork “Marmalade Dragonfly” donated by artist Benbow Bulk City of Carlsbad is hereby accepted and placed at 2075 Las Palmas Dr Carlsbad. 3. That funds in the amount of $2,000 are hereby appropriated from the CII Fund into amt. no.142-820-1810-3472 for the repairs and installation of t PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Counc City of Carlsbad, California, held on the 4th day of APRIL , 1995, by the folk to wit: I AYES: Council Members Lewis, NOES: None ABSENT: None UR + ALETHA L. RAUTENKRANZ, City Clerk 1 0 0 Exhibit 2 to Age nda Bill No. / 3,08 7 Marmalade Dragonfly e 0 Exhibit 3 Cclrlsbai Rrts Office WAIVER OF ARTIST'S RIGHTS It is hereby acknowledged that Benbow Bullock, hereinafter referred to as the "Artist", is donating to the City of Carlsbad, a municipal corporation, all rights, title ar interest in one of his artworks entitled Marmalade Draqonfly. Furthermore, it is fully understood by the Artist that he may have certain rights arising from the "California E Preservation Act" (Civil Code 3987 et seq.) or the "Visual Artists' Rights Act of 1990" (17 U.S.C. §lo1 et seq.). Those Acts require that a waiver of their provisions be expressly made in writing and being fully informed, the Artist and his agebits, heirs, successors and assigns hereby waive any and all rights he may have under the provisions of the "California At-! Preservation Act" (Civil Code §987 et seq.) or the "Visual Artists' Rights Act of 1990" (17 U.S.C. §lo1 et seq.). The Artist, his agents, heirs, successors and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging or assisting any organization which seeks to bring an action under these Acts. Date: -- qi ---- 3/ys By: --- &h ENBOW BULLOCK,A~TIST Approved as to form: By: 0- D- 0. &Date: 3.J3.9h-- RONALD R. BALL, CITY ATTORNEY