HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-074 Art Donation to Public Place Eden West ProjectTemp. Reso. #13814
06/27/2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022 - 0'7 '
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF TAMARAC AND CE TAMARAC,
LLC, ATTACHED HERETO AS EXHIBIT "A", FOR THE
ACCEPTANCE OF AN ART DONATION VALUED AT
$27,000 FOR THE SOLE PURPOSE OF DISPLAYING
ART IN PUBLIC PLACE AT THE EDEN WEST PROJECT
IN TAMARAC; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions -
as may be required for the proper governing of the City; and
WHEREAS, Tamarac City Code Section 6-156.3, Acceptance of Donations
requires Commission approval for donations exceeding a value of $1,000.00 ; and
WHEREAS, Resolution No. 2010-114 dated August 25, 2010, adopted the Public
Art Master Plan, Policies and Guidelines which governs the donation, maintenance,
safety, acceptance, and de -accession of Art; and
Temp. Reso. #13814
06/27/2022
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WHEREAS, CE Tamarac, LLC (Donor) wishes to donate "Pink Flamingo" Art to
the City of Tamarac for use as a public art item to be placed at the Eden West Project for
the viewing pleasure of the residents of the City ; and
WHEREAS, on June 21, 2022, the Public Art Committee approved the Donor's
Artwork proposal and accepted the donation based on the conditions set forth in the
agreement attached hereto as Exhibit "A" ;and
WHEREAS, the Director of Community Development recommends that the City of
Tamarac accept the Pink Flamingo Art donation from CE Tamarac, LLC, valued at
$27,000 for the sole purpose of being displayed in a public place; and
WHEREAS, the City Commission of the City of Tamarac, Florida has determined
that art donation enhances the aesthetic character of the community and advances the
public understanding of art and deems it to be in the best interests of the citizens and
residents of the City of Tamarac to accept the donation from CE Tamarac, LLC, valued
at $27,000 for the sole purpose of displaying art in a public place.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THAT:
Section 1: The foregoing recitals are true and correct and hereby adopted as
the legislative and administrative findings of the City Commission; all exhibits attached
hereto are incorporated herein and made a specific part of this Resolution.
Section 2: The City of Tamarac accepts a donation from CE Tamarac, LLC,
valued at $27,000 for the sole purpose of displaying art in a public place at the Eden West
Project.
Temp. Reso. #13814
06/27/2022
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Section 3: The City Manager is authorized to enter into an Agreement, attached
hereto as Exhibit "A", with CE Tamarac, LLC, to accept the donation.
Section 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict
Section 5: If any clause, section, other part, or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 6: This Resolution shall become effective immediately upon adoption.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Temp. Reso. #13814
06/27/2022
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PASSED, ADOPTED AND APPROVED this ' N day of J u L� , 2022.
ATTEST:
KIMBERQ0 DILLON, CMC
ACTING CITY CLERK
MICHE LE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CI_fY OF TAMARAC ONLY.
HER1N, J
ITY ATTORNEY
ART DONATION FOR DISPLAY IN PUBLIC PLACE
ACCEPTANCE AGREEMENT
This Agreement is entered into this 13th day of July 2022, by and between the City of Tamarac, a municipal
corporation (hereinafter the "City"), and CE Tamarac, LLC (hereinafter the "Donor").
RECITALS
Whereas, the City Commission for the City of Tamarac, Florida has determined that art donation enhances
the aesthetic character of the community and advances the public understanding of art; and
Whereas, the Donor wishes to donate to the City of Tamarac for use as public art an item which is more
specifically described in Exhibit "A" and referred to as the "Artwork", and the Donor has complied with
the review processes of the Public Art Committee, referred to as the "Committee"; and
Whereas, Donor has submitted a proposal to install and donate to the City the following particular piece
of art ("Artwork") at the following described location:
EDEN WEST DEVELOPMENT LOCATED AT: 8601 & 8701 WEST MCNAB ROAD, TAMARAC
Whereas, on June 21, 2022, the Public Art Committee approved the Donor's Artwork proposal (attach
photo or rendering to this Agreement) and accepted the donation based on the conditions set forth in this
Agreement.
NOW, THEREFORE, the City and the Donor agree as follows:
Donation and Acceptance. The Donor acknowledges that the City of Tamarac Resolution No. 2010-
114 dated August 25, 2010, adopting the "Public Art Master Plan, Policies and Guidelines", governs
this Agreement and may be used to determine suitability, maintenance, safety, acceptance and de -
accession of the Artwork. The Donor further acknowledges that the estimated value of the Artwork
exceeds one thousand dollars ($1,000.00), thereby requiring approval of the City Commission prior to
acceptance in accordance with Section 6-156.3 "Acceptance of donations", of the City of Tamarac
Code of Ordinances.
The Donor hereby conveys by donation the Artwork, and its legal title, to the City, and the City
hereby accepts the donation of the Artwork under the terms, qualifications and conditions as set forth
in this Agreement. The Donor certifies that the Artwork is a unique work of art created by an Artist,
and is not subject to third party claims of royalties, or copyright or trademark infringement. The
Donor intends by this donation to relinquish all legal claim of right to title, royalties, copyright or
trademark of the Artwork.
2 Removal or Relocation. The City retains the right to relocate or permanently remove the Artwork
from public display for any reason, in the sole discretion of the City, including, but not limited to:
hazards to public health, safety or welfare; unsightly or deteriorated conditions of the artwork; or the
need to access, repair and maintain public facilities.
3. Donor's Option. The Donor shall have the option of reacquiring title and possession of the Artwork
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upon permanent removal of the Artwork by the City as follows: Prior to permanent removal of the
Artwork, the City shall provide notice to the Donor addressed and delivered in accordance with Section
5 of this Agreement. Should the Donor choose to exercise its option to reacquire the Artwork, the
Donor shall remove the Artwork at the Donor's own expense within 60 days of notification from the
City. Legal title to the Artwork shall be deemed conveyed to the Donor at the time of removal. Failure
by Donor to either respond to the City's notification or to remove the Artwork within the specified 60
day period shall be deemed a waiver by the Donor of the Donor's option to reacquire title and
possession of the Artwork upon its permanent removal, and the City may thereafter use the
Artwork for any purpose, including without limitation, dismantling, salvaging or sale.
4. Construction and Installation Requirements.
a. The Donor shall be solely responsible for all labor and materials costs associated with
building, transporting and installing the Artwork-
b. The Donor shall give at least 14 days advanced notice to the City's Public Services
Department and Community Development Department of the installation date.
c. The Artwork shall be installed such that its highest point will be no greater than 20 feet above
grade can withstand appropriate wind loads and other applicable stresses, and the City's
Building Official approves said engineer's report through the building permit process.
d. The Donor shall construct the Artwork to fit a permanent base, which shall be specified in
an installation template provided by the Donor to the City's Building Department.
e. The risk of loss and damage during construction and installation shall be borne solely by the
Donor.
f. The Donor agrees to defend, indemnify, and hold harmless the City, its officers, employees,
agents, or other representatives from any and all claims for damages or otherwise arising during
the installation of the Artwork; provided, however, no such obligations shall arise with respect to
any claims for damages or otherwise resulting from the City, or its officers, employees, agent or
representatives' gross negligence or willful misconduct.
5. Maintenance. The Donor will submit a maintenance agreement for the Artwork to be installed on
the property to the City's Public Art Committee. The maintenance agreement shall be subject to the
Public Art Committee's approval and must include a schedule for continuance maintenance of the
Artwork for the life of the Artwork.
6. Notice. Notice when required herein, shall be deemed properly given and complete when provided
by personal delivery, or upon five (5) days after via reputable overnight courier, or to any other
updated address which may have been provided in writing from one party to the other:
If to Donor:
Jay Jacobson
Managing Member
CE Tamarac, LLC
2801 SW 31s' Avenue, Suite 2B
Coconut Grove, Florida 33133
(305) 416-4949
If to Ci :
City Manager
7525 N.W. 8811' Avenue
Tamarac, Florida 33321
(954) 597-3520
Each party shall ensure that the other party is properly notified in writing of any revisions or
updates to these addresses.
7. Indemnification. The Donor agrees to indemnify, defend and hold harmless the City of Tamarac,
and its and officers, employees, agents, assigns through legal counsel reasonably acceptable to the
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City, from and against any and all claims, losses, demands and expenses, including but not limited
to, reasonable attorney's fees and cost of litigation, on account of bodily injury, including death, or
property damage arising out of or in any way connected to the construction and installation and
Donor's maintenance of the Artwork, if any, as required under this Agreement; provided, however,
no such obligations shall arise with respect to any claims for damages or otherwise resulting from
the City, or its officers, employees, agent or representatives' gross negligence or willful
misconduct.
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The parties hereto have executed this agreement to have effect as of the day and year first written above.
Donor, a private individual(s)
CITY OF TAMARAC, a municipal
corporation
By �n ^ *PB
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Jay Jacobson I<
Managing Member — CE Tamarac, LLC
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CITY OF TAMARAC
PUBLIC ART AND DESIGN
CATALOGING FORM
NOTE: Please add attachments to provide comprehensive information for the following:
Artist information
A.1. Name: Fredrick Prescott
2. Name you want to use on label and PR materials, if differs from above:
B. Date of Birth: May 18, 1949
C. Place of Birth: Palo Alto, California
D. Address,
Prescott Gallery & Sculpture Garden
1127 Siler Park Lane
Santa Fe, NM 87507
e-mail: Fredrick Prescott <prescottstudio@gmail.com>
web site: prescottstudio.com
E. Phone: Business 505-424-8449
F. One paragraph biography of artist:
Fredrick Prescott's childhood experiences have influenced the kinetic animals and landscapes
that have become his artistic trademark. Born in Palo Alto in 1949, the oldest son of the chief inventor
and owner of the Universal Coin Meter Company, Prescott began working with metal at the age of six.
In a playground of band saws, punch presses and metal grinders, he spent countless hours honing the
skills he uses to transform metal into art by cutting, bending, and welding. By age twelve, Prescott was
enrolled in a watercolor painting class where he immediately developed a passion for color. By both
sculpting and painting his artwork, he began his career fascination for bold and colorful metal sculpture.
II. Work of Art
A. Title: Flamingo
B. Medium:
C. Dimensions in inches or centimeters: 9' x 4'2" x 3'2"
Foundation including steps:
Steel Structure:
2. Image with frame (if any):
D. Frame Description:
E. Inscription marks:
F. In case of portable and multiple artwork, note on artist preference for display (ex: sequential series,
installation height, spacing, etc):
G. Artwork with electronic components used:
Name of item:
Manufacturer info: (address, telephone, fax, e-mail):
Supplier into (address, telephone, fax, e-mail):
H. Artist's statement:
III. Fabrication Information
A. Material(s) used in Artwork: Stainless Steel
B. Material Finish: Powder coating paint
C. Materials used in the presentation of the project "(maquette)"
D. Fabricators, (name, address, phone, fax, e-mail, website):
E. Fabrication method (attach diagrams or drawings):
F. Architect/Engineer (name address, telephone, fax, e-mail)
IV. Installation
A. Installation executed by (name, address, phone, fax, e-mail, website)
ANF Construction Group
2700 DAVIE ROAD
DAVIE, FL 33314
]a'.-ANF ni
ANFGROURCOM
O - 954 693 9900
G R O U P I N C F- 954 693 9901
CONSTRUCTION • DEVELOPMENT 0000
B. Installation method (attach diagram of structure, footings):
9
Notes:
Both planter boxes are equal.
Flamingo bases (star shape) are
not draw accurate.
The holes location on bases arc
accurate.
Structural design for foundation is
still in process.
i -
- ----HI1,171
ea -
The above diagram is only a reference and is not actual structural design for this job.
C. Date of Installation: TBD
V. External Factors
A. Describe physical positioning of the artwork: Exterior
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B. Describe existing environmental factors which may affect the condition of the artwork:
C. If the work is site -specific, describe the relationship of the work to its site:
VI. Maintenance (attach schedule of maintenance for specific items: light bulb, electronics, etc.)
A. Short-term: Structure should be kept clean and free of dirt and bird droppings.
B. Long-term
C. Note desired appearance of the artwork.
VII: Digital copies for use in repair of sound art and graphic reproduction:
Date: O