HomeMy WebLinkAbout2003-02-26 e-packetSPECIAL MEET1NG
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, California 94083
Meeting to be held at:
MUNICIPAL SERVICES BUILDING
CITY COUNCIL COMMUNITY ROOM
33 ARROYO DRIVE
FEBRUARY 26, 2003
6:00 P.M.
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the
State of California, the City Council of the City of South San Francisco will hold a Special Meeting
on Wednesday, the 26th day of February, 2002, at 6:00 p.m., in the Municipal Services Building,
Community Room, 33 Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
1. Call to Order
2. Roll Call
o
Public Comments - comments are limited to items on the Special Meeting
Agenda
Interviews for Parks and Recreation Commission, Historic Preservation
Commission and Personnel Board
5. Adjournment
Cif//Clerk ' '
AGENDA
REDEVELOPMENT AGENCY
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
FEBRUARY 26, 2003
7:00 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting Agency
business, we proceed as follows:
The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of
each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South
San Francisco, California.
Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please
complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk.
Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment.
California law prevents Redevelopment' Agency from taking action on any item not on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for investigation
and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive
action or a report. When your name is called, please come to the podium, state your name and address for
the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In
the event that there are more than six persons desiring to speak, the Chair may reduce the amount of time
per speaker to three (3) minutes. Thank you for your cooperation.
The Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Board action.
PEDRO GONZALEZ
Chairman
KARYL MATSUMOTO
Vice Chair
RICHARD A. GARBARINO, SR.
Boardmember
BEVERLY BONALANZA-FORD
Investment Officer
MICHAEL A. WILSON
Executive Director
JOSEPH A. FERNEKES
Boardmember
RAYMOND L. GREEN
Boardmember
SYLVIA M. PAYNE
Clerk
STEVEN T. MATTAS
Counsel
PLEASE TURN OFF CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS
CALL TO ORDER
ROLL CALL
AGENDA REVIEW
PUBLIC COMMENTS
CONSENT CALENDAR
1. Motion to approve the minutes of the February 12 regular meeting
2. Motion to confirm expense claims of February 26, 2003
CLOSED SESSION
3. Pursuant to Government Code Section 54956.8 real property negotiations related to 178-
190 Airport Boulevard and 480 North Canal Street; Agency Negotiator: Redevelopment
Agency Assistant Director Van Duyn
ADJOURNMENT
REGULAR REDEVELOPMENT AGENCY MEETING
AGENDA
FEBRUARY 26, 2003
PAGE 2
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
FEBRUARY 26, 2003
7:30 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting
Council business, we proceed as follows:
The regular meetings of the City Council are held on the second and fourth Wednesday of each month at
7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San
Francisco, Califomia.
Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item,
please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the
City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public
comment. California law prevents the City Council from taking action on any item not on the Agenda
(.except in emergency circumstances). Your question or problem may be referred to staff for
investigation and/or action where appropriate or the matter may be placed on a future Agenda for more
comprehensive action or a report. When your name is called, please come to the podium, state your
name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5)
MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the
Mayor may reduce the amount of time per speaker to three (3) minutes. Thank you for your cooperation.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
PEDRO GONZALEZ
Mayor
KARYL MATSUMOTO
Mayor Pro Tem
JOSEPH A. FERNEKES
Councilman
RICHARD A GARBARINO, SR.
Councilman
RAYMOND L. GREEN
Councilman
BEVERLY BONALANZA-FORD
City Treasurer
SYLVIA M. PAYNE
City Clerk
MICHAEL A. WILSON
City Manager
STEVEN T. MATTAS
City Attorney
PLEASE TURN OFF CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
· Update on State budget - Finance Director Jim Steele
· BART Construction Update - Nia Crowder, South San Francisco BART Liaison
AGENDA REVIEW
PUBLIC COMMENTS
ITEMS FROM COUNCIL
· Community Forum
· Subcommittee Reports
CONSENT CALENDAR
1. Motion to approve the minutes of the February 12, 2003 regular and special meetings
2. Motion to confirm expense claims of February 26, 2003
3. Motion to accept 2001-02 Street Resurfacing Project as complete in accordance with
plans and specifications
4. Motion to accept Spruce Avenue/North Canal Street Traffic Signal Improvements
project as complete in accordance with plans and specifications
5. Acknowledgement of proclamation issued: Taiwanese-American Chamber of
Commerce, February 15, 2003
PUBLIC HEARING
6. Compliance heating to consider Restated and Amended Development Agreement for
Terrabay Phase II and Phase III remaining parcels; Applicant: Myers Development
Company- Motion to continue to March 12, _9003
ADMINISTRATIVE BUSINESS
7. Motion to approve appointments to Board and Commissions
8. Motion to approve loan art program
ADJOURNMENT
Motion to adjourn meeting in memory of Barbara Battaya and Margaret Pettigrew
REGULAR CITY COUNCIL MEETING FEBRUARY 26, 2003
AGENDA PAGE 2
Staff Report
DATE:
TO:
FROM:
SUBJECT:
February 26, 2003
The Honorable Mayor and City Council
Director of Public Works
2001 - 2002 STREET RESURFACING PROJECT, ENGINEERING FILE NO. 51-
13231-0202, PROJECT NO. ST-02-2, BID NO. 2311
RECOMMENDATION:
It is recommended that the City Council, by motion, accept the 2001 - 2002 Street Resurfacing
Project as complete in accordance with the plans and specifications.
BACKGROUND/DISCUSSION:
This project constructed new asphalt pavement surfacing, accessible ramps, new traffic loop
detectors and related striping on South Airport Boulevard (between South Airport Boulevard Bridge
- North Access Road).
Also, included as part of the project were the asphalt pavement resurfacing and related work on Utah
Avenue (between Utah Avenue Bridge - South Airport Boulevard) and the emergency repairs of the
bridge approaches to the South Airport Boulevard Bridge as requested by the Streets Maintenance
Division for economies of scale.
The project has been inspected by City staff and is complete in accordance with the plans and
specifications. The project has a one-year warranty period that takes effect upon acceptance by the
City Council. Staff will file a Notice of Completion and release the payment performance bond and
retention at the end of the thirty-day lien period.
The following is the actual construction cost breakdown:
Original Contract
Add Change Order for Resurfacing of Utah Avenue and
repairs of the bridge approaches on South Airport Blvd.
Bridge
$574,927.00
$113,015.05
Actual Construction Cost $687,942.05
Staff Report
To:
Re:
Date:
The Honorable Mayor and City Council
2001 - 2002 Street Resurfacing Project
February 26, 2003
Page 2
The following is the cost breakdown of the project budget:
STIP TEA-21 Grant Fund:
Gas Tax Fund
Total Budget
$ 243,000.00
$ 444,942.05
$ 687,942.05
After project acceptance, staff will invoice Caltrans for the TEA-21 grant fund in the amount of
$243,000.00. Sufficient gas tax funds are budgeted for this project in FY 01-02 Capital
Improvement Program (CIP).
B~works
Approved: Mic h~a e~on~
City Manager
StaffReport
DATE: February 26, 2003
TO: The Honorable Mayor and City Council
FROM: Director of Public Works
SUBJECT: SPRUCE AVE./NORTH CANAL ST. TRAFFIC SIGNAL IMPROVEMENT
ENGINEERING FILE TR-01-1, PROJECT NO. 51-13231-0127
RECOMMENDATION:
It is recommended that the City Council, by motion, accept the Spruce Ave./North Canal St.
Traffic Signal Improvement project as complete in accordance with the plans and
specifications.
BACKGROUND/DISCUSSION:
This project improved traffic flow at the intersection by providing a left turn lane on north bound
Spruce Avenue for turning onto west bound North Canal Street. Vehicle traffic on north bound
Spruce Avenue is controlled by a video detection camera mounted on an overhead signal pole.
The project has been inspected by City staff and is complete in accordance with the plans and
specifications. Acceptance of the project will provide authorization for staff to file a Notice of
Completion and to release the payment performance bond and ten percent retention at the end of the
thirty-day lien period.
The construction was completed at the awarded amount of $66,325.50. Construction costs are
budgeted in the 2001-2002 Capital Improvement Program in the amount of $110,000.00 that
includes the engineering, inspection, and administration costs:
Staff Report
ro~
Re:
Date:
The Honorable Mayor and City Council
Spruce Ave./North Canal St. Traffic Signal Improvement
February 26, 2003
Page 2
Construction
Contingencies (8%)
Construction Inspection/Administration
Engineering
Total
$ 66,325.50
$ 5,674.5O
$ 6,OOO.OO
$ 29,973.00
$107,973.00
By:
lV[ichaei ~'. V~illon
City Manager
RTH/JG/ed
DATE:
February 26, 2003
TO:
The Honorable Mayor and City Council
FROM:
Marty Van Duyn, Director of Economic and Community Development
Kimberly A. Johnson, Assistant City Attorney
SUBJECT:
Compliance Review of the Terrabay Development Agreement - Myers Peninsula Company
(Owner)
RECOMMENDATION:
Continue the hearing until March 12, 2003.
BACKGROUND/DISCUSSION:
On February 13, 2003, staff informed Jack Myers, Managing Partner of Myers Peninsula Company, that
the City would conduct a compliance review hearing on the Terrabay Development Agreement in order to
apprise the City Council of the status of the project at Terrabay. Due to the voluminous documents to be
reviewed, staff recommends the item be continued to the March 12, 2003, meeting of the City Council to
afford staff and the project developer additional time to review the documents and prepare for the hearing.
cc: Michael A. Wilson, City Manager
.~lvia M. Payne, City Clerk
Marty Van Duyn, Ilkector of
Economic and Community Development
r
Mic~son, City Manage
Enclosure: Resolutions
Staff Report
DATE:
TO:
FROM:
SUBJECT:
February 26, 2003
Honorable Mayor and City Council
City Clerk
APPOINTMENTS TO BOARDS AND COMMISSIONS
RECOMMENDATION
It is recommended that the City Council consider appointments to the Historic Preservation
Commission, Parks and Recreation Commission, Planning Commission, and Personnel Board,
vote by balloting process, and motion to approve appointments.
BACKGROUND/DISCUSSION
On January 22, 2003, Council initiated the process of interviewing interested citizens for vacancies
on various boards and commission, and agreed to make appointments at the conclusion of the
interview process~ Appointments to consider are as follows:
Historic Preservation Commission -;l. seats open, terms to expire 12/31/06
Parks and Recreation Commission - 3 seats open, terms to expire 12/31/06
Planning Commission - 3 seats open, terms to expire 12/31/06
Personnel Board -2 seats open, terms to expire 12/31/06
Ballots are attached for voting and motions to approve the appointments are required.
via Payne, lgity Clerk
Attachment: Ballots
DATE:
TO:
FROM:
SUBJECT:
February 26, 2003
Honorable Mayor and City Council
Director of Recreation and Community Services
Approval of Loan Art Program
RECOMMENDATION
It is recommended that the City Council, by motion, approve the Loan Art Program as
recommended by the Cultural Arts Commission.
BACKGROUND/DISCUSSION
For the past several years, the Cultural Arts Commission has been interested in initiating a "loan
art" program, an idea which was originally suggested by City Council. The completion of the
Orange Park Sculpture Garden has given impetus to making the idea become a reality, providing
tangible locations where sculptures can be exhibited. In developing the guidelines for a loan art
program, the Commission looked at existing programs. The City of San Mateo has had one
successful loan period, which they are renewing for another round of exhibits. This proposal is
based largely on that model. It is designed to be competitive in compensation, application
timeline, and agreement requirements. If approved, the program will be advertised to many of
the same artists,.w,hich will hopefully increase the pool of submittals.
The baSic concept for a loan art program is that pieces of artwork are selected through a
competitive process, on loan for exhibit on a temporary basis, rather than purchased as part of the
city's permanent collection. The pieces are to be reclaimed by the artist after a specified display
period. Such a program, if enough artists are recruited to participate, allows the city to stretch
the increasingly limited general fund dollars available for providing public art. Other advantages
include the increased possibility of selecting contemporary or innovative pieces that can be
exhibited without the full commitment of a costly purchase, perhaps encouraging emerging
artists. If successful, the program can augment the permanent art installed in the garden with
some temporary displays, creating an "outdoor gallerf' for sculpture. Benefits for artists
selected include public feedback to their work, good exposure, resume experience in doing
public art, andthe oppommity to sell their sculpture.
Staff Report
To: Honorable Mayor and City Council
Subject: Loan Art Program
Date: February 26, 2003
Page 2
Similar to the process that has been followed in the past for sculpture purchase, a "call for
entries" would be printed to advertise the loan program to potential artists. Entries would be
evaluated by a subcommittee of the Cultural Arts Commission. Sculptures recommended for
exhibit would be recommended to the full Commission for approval. Final selection would be
approved by the City Council. The Commission is tentatively planning to select up to four (4)
pieces for exhibit to begin the program, if a sufficient number of applications are received. A
draft of the "call for entries" is attached.
The terms of the loan arrangement are defined in the attached "Loan Art Agreement," which
each exhibitor would be' required to sign. Specific items of note are listed below.
1. The length of exhibit is anticipated by the Commission to be two (2) years. However, there
is flexibility to define a shorter or longer exhibit period if a particular situation calls for it.
A $15 fee is proposed for applicants to submit a piece for consideration, with an additional
fee of $10 charged per additional piece submitted by the same artist. This helps to deft'ay the
cost of processing applications and duplication of materials.
o
Display requirements for each piece of sculpture will be unique, and may vary from a flat
surface mount on the ground to a raised pedestal. The city will prepare the site for each
piece, including installation of a base, if required. Given the design of the Sculpture Garden
with viewing "pads" already constructed, the cost of site preparation using in-house crews
should be minimal.
4. The artist is responsible for delivery of the piece to the site, and mounting the piece to the
base in conformance with the city's specification.
The artist is responsible for maintenance of the sculpture, including removal of graffiti, and
repair of damage or vandalism. The city would maintain the site, as it currently already does
for the Sculpture Garden.
o
Property insurance must be provided by the artist, if desired. The city is not responsible for
reimbursement to the artist for damage or theft of the sculpture. It is anticipated that liability
for injury associated with the sculpture would be determined on a case by case basis
depending on the circumstances. The city assumes some liability as a result of exhibiting any
sculpture in a public place, whether it is on loan or purchased by the city. The Commission
would take due care of public safety considerations in recommending pieces for display, and
has included this requirement in the call for entries.
StaffReport
To: Honorable Mayor and City Council
Subject: Loan Art Program
Date: February 26, 2003
Page 3
At the end of the loan period, the artist must reclaim the piece unless the agreement is
renewed. In the event the artist offered to donate the piece rather than reclaim it, the city
would have the option of accepting or not accepting the donation.
The compensation to selected artists is $1,500. It should be noted that the artist bears the full
cost of submitting the application, constructing the piece, delivering it to the site, travel if
required to be on site for installation, removing the sculpture at the conclusion of the loan
term, and providing property insurance for the length of the display.
SUMMARY
The goal of enriching the built environment with interesting cultural oppommifies, to add spice
to our civic view, can be accomplished in a variety of ways. The purchase and maintenance of
publicly owned art can be a solid community investment. Works of art can appreciate not only
in monetary value, but in resident identification and fondness. During times of budget shortfall,
a program such as loan art can provide an alternative. This program has been initiated for the
Orange Park Sculpture Garden. However, additional locations for loan art could be identified in
the future.
FUNDING
If four (4) pieces of sculpture are selected for exhibit at the Sculpture Garden, the cost to
compensate the artists would be a total of $6,000. It is estimated that the material cost of site
work to prepare each base would not exceed $500 per sculpture, or an additional $2,000, a total
direct program cost of $8,000. The application fee charged to artists could generate
approximately $1,000 in revenue, depending on the number of entries received, for an estimated
net cost of $7,000. There are sufficient funds in the Commissions Art Fund to cover this
expense.
By:
Sharon Ranals, Director of
Recreation and Community
Services
Michael A. Wilson
City Manager
Attachments:
1. Sculpture Loan Program Call for Entries
2. Loan Art Program Agreement
The Cammission is seeking existing sculpture
available far "lean" for temparary exhibit in the
garden. Several lacatiens have been designated
for this exhibit.
ALL ARTISTIC STYLES, ABSTRACT DR REPRESENTATIONAL
WILL BE CONSIDERED AND ARE ENCOURAGED.
CONCEPT/THEME
Innovative work that elevates the viewer's awareness by
stimulating curiosity, inspiration, reflection, opinion or Feeling.
The sculpture should he appropriate For this public place.
Art is to be the original work of the artist.
Pieces should be complimentary to the overall design of the
garden.
PHOT8GRAPH~ DF THE GARDEN AR£ AVAILABLE
~ V/EWI#G AT WWW. $$F, NET
STRUCTURAL REQUIREMENTS
Ilimensions appropriate to site and weight not to exceed
lO,goo pounds.
Material must be enduring; vandal, weather, and pine needle
resistant.
Design and materials must mitigate any potential hazard to
the public: such as a safe su~ace for climbing children.
Artist to include with submission, a proposal un how the
sculpture will be installed.
ELIGIBILITY
Participation in the program is open to all artists 18 years of
age and older who reside in the United States.
AWARD
The artist will be awarded an amount of $1500. for each
selected sculpture.
Artist may make all work on loan available for purchase.
ARTIST WILL AGREE TO:
I. Install and maintain the artwork throughout the entire loan
period, from deliver/to removal, in compliance with City
specifications.
2. Deliver the artwork to the designated location for installation.
3. Remove the artwork at the end of the loan period.
Commit the artwork for a loan period of 12-24 months.
5. Repair the artwork as needed per the obligations outlined in
the Loan agreement.
G. Provide prope~ insurance on the artwork, if desired.
?. Sign an Art Loan and Exhibition Agreement with the City of
South San Francisco waiving the City's liability, outlining the
artist's responsibilities and designating the Loan period.
SUBMISSION REQUIREMENTS
I. Artists may submit any number of pieces.
2. One 8 xlO color photograph of each piece.
3. Four Slides per piece showing Four different views. All slides
should be labeled with the top and Front clearly marked hy a
red arrow. Slides should also include the artists name and
title of work. Please enclose slides in a clear plastic slide
storage sheet.
/~. An annotated slide list that clearly indicates ail the Following:
TITLE WEIGHT
MEDIA INSTALLATION REQUIREMENTS
DIMENSIONS (HxWxD) PRICE
5. A professional artist resume..
6. A non-refundable fee of $15.130 for the first ent~ and $10.00
for each additional entry.
?. A self-addressed stamped envelope if slides are to be returned.
TENTATIVE
March I. 2003
April I, 2003
,~May2O§3
X July2O03
x TBA
S C H E D U L E (sd,jm t.,-h.,m.)
Call for entries available
Submission Deadline
Entries must be postmarked by this date.
Notification of finalists.
Anticipated award of contract.
Projected exhibit timeframe.
SELECTION PROCESS
The Cultural Arts Commission subcommittee will ju~ the
entries. Final selection voted by the Full Commission with
Final approval by City Council. The City of South San
Francisco reserves the right to reject ail submittals and
not award a contract For this exhibit.
the pm'poses of pr~mo#on and p/'amoti~nal materials the
£ultural Ar~ £omrnission and £ity o£ South San Francisco
reserve g~'aph/c ~ep~'oduc#on ~ights to the selected
MAILING ADDRESS 6 INFORMATION
Submit Applications To:
Parks, Recreation and Maintenance Services Dept.
City of South San Francisco
33 Arroyo Drive
South San Francisco, CA 9/~OBD
Please note on front of envelope:
"CAC Sculpture Loan Program"
For Information:
Phone: (650) B29-3800
City Website: www.ssf, net
Contact Sharon Ranals (,sharon.ranals~ssf.net.) or
Ercie Santos (ercie.santos~ssf.net)
City of South San Francisco
Orange Memorial Park Sculpture Garden
Loan Art Program Agreement
This Agreement, made and entered into on 200._, by and
between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (hereinafter
"CITY"), 400 Grand Avenue, South San Francisco, California, and
of
(hereinafter "ARTIST").
1. PURPOSE
ARTIST agrees to temporarily loan to CITY, and CITY agrees to grant ARTIST, a temporary
exhibition permit to display ARTIST'S sculpture entitled
(hereinafter "SCULPTURE") at a public location, the Sculpture Garden in Orange Memorial
Park, South San Francisco, California (hereinafter "SCULPTURE GARDEN").
2. EXHIBITION SITE
The said referenced exhibition site is specifically area #
in the SCULPTURE GARDEN.
, located at
3. TERM
The exhibition dates shall be from 200 '___ through
ARTIST shall remove SCULPTURE on or before
exact date for removal shall be arranged between CITY and ARTIST.
200__.
200 . The
4. BASE
SCULPTURE shall be installed on a base (hereinafter "BASE") agreed to and designed by
ARTIST and CITY. BASE will be constructed and installed by CITY.
5. PREPARATION OF SITE
Installation will not be performed until the preparation and construction of any BASE required
from CITY is complete. CITY is responsible for preparing SCULPTURE site according to the
instructions supplied by ARTIST and agreed to by CITY.
Notwithstanding the foregoing, in the event CITY is unable to construct or is delayed in the
construction of BASE or preparation of SCULPTURE site due to budgetary constraints,
inadequate available staffing, natural disaster or any other cause, ARTIST shall not have any
right to bring action or make any claim against CITY as a result of such inability or delay.
6. INSTALLATION AND REMOVAL
CITY shall coordinate the installation and removal of SCULPTURE and shall assist ARTIST or
ARTIST'S representative with installation, with a minimal workforce, to the degree that the site
is a safe and workable environment. ARTIST will be responsible for the delivery of
SCULPTURE to the site, and for the on-site installation, and shall be responsible for
SCULPTURE on site during the installation. ARTIST will be responsible for, and cover all
expenses concerning the delivery and installation of SCULPTURE to the site.
7. IDENTIFICATION PLAQUE
CITY shall provide and install an identification plaque at the site of SCULPTURE to identify
title, artist's name, year of creation, and construction material. Design of the plaque shall be at
the full discretion of CITY.
8. MAINTENANCE
ARTIST shall maintain the SCULPTURE at ARTIST'S sole cost and expense. CITY shall
maintain SCULPTURE site, but will not provide reimbursement for ARTIST'S maintenance
costs.
In the event of defacing of or damage to SCULPTURE, whether by vandalism or act of God,
ARTIST shall make such repairs as are necessary within 72 hours of receiving notice from CITY
of damage, or in the event repairs cannot be completed within that time, provide CITY a written
plan and timetable for the repairs within that time.
If the nature of the damage renders SCULPTURE hazardous to the public and SCULPTURE is
determined not safe to remain in said location, SCULPTURE must be repaired to a condition not
considered hazardous to the public within a 12 - 24 hour time window after ARTIST receives
notification from CITY or SCULPTURE shall be removed from exhibition by ARTIST or by
CITY at expense of ARTIST.
Failure to comply with this section shall be deemed grounds for termination of this Agreement.
9. COMPENSATION
Compensation to ARTIST for being chosen to exhibit SCULPTURE within the City of South
San Francisco shall be provided by the City of South San Francisco. ARTIST will receive
$1,500 in cash as well as exposure in a brochure publicizing the public art of South San
Francisco. ARTIST will also receive exposure by having SCULPTURE exhibited in the
prominent and publicly accessible SCULPTURE GARDEN.
10. NOTICE OF TERMINATION
ARTIST acknowledges that permission to exhibit the aforesaid SCULPTURE may be revoked at
any time by CITY, and ARTIST further acknowledges that said SCULPTURE may be removed.
If ARTIST does not reclaim the aforesaid SCULPTURE within (30) days of Notice of
Termination, CITY or any of its agents, servants, officers or employees may dispose of said
SCULPTURE as they see fit. For purposes of the foregoing sentence, it is further agreed that a
written request to reclaim the aforesaid SCULPTURE executed by CITY and mailed to ARTIST
by United States registered or certified mail, or other form of mail which offers proof of mailing
and postage prepaid shall constitute "Notice of Termination".
11. INSURANCE
If desired, ARTIST shall provide property insurance on the artwork at ARTIST'S sole cost and
expense. CITY will not provide reimbursement for property insurance.
12. HOLD HARMLESS AND INDEMNITY PROVISION
ARTIST shall defend, save, keep and hold harmless CITY, their officers, agents, employees and
volunteers from all damages, costs or expenses in law or equity that may at any time arise or be
asserted because of injury to property or bodily or personal injury (including death) occasioned
by any willful negligent act or omissions of ARTIST or any of ARTIST'S agents, employees and
volunteers. CITY will not be held liable for any accident, theft, vandalism, or damage to
SCULPTURE from any and all causes.
13. APPLICABLE LAWS AND ATTORNEY'S FEES.
This Agreement shall be interpreted and enforced pursuant to California law. Any action to
enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in San
Mateo County, California. Should any legal action be brought by a party for breach of this
Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled
reasonable attorney's fees, court costs, and other such costs as may be affixed by the Court.
14. AMENDMENT
This Agreement constitutes the entire Agreement of parties and may only be amended by written
Agreement signed by both parties.
15. NOTICE
Unless otherwise provided herein, all notices required hereunder shall be given by United States
registered or certified mail, or other form of mail which offers proof of mailing, postage prepaid
and addressed to the party at the address below:
If to CITY:
City of South San Francisco
City Manager
P.O. Box 711
South San Francisco, CA 94083
If to ARTIST:
IN WITNESS WHEREOF, the parties have executed this Agreement on the date written above.
APPROVED AS TO FORM:
City Attomey
CITY OF SOUTH SAN FRANCISCO
City Manager
Artist
Print Name
F:kFile CabinetWly SSF DocumentskAgreements and Contracts 2003kArt Loan Agreement Final. DOC
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