HomeMy WebLinkAboutRESOLUTIONS-2004-077-R-04S
11 /18/2004
77-R-04
A RESOLUTION
Authorizing the Interim City Manager to Execute a
Settlement Agreement with Lincoln Schatz
Regarding the City's Commission of a Sculpture for the
Maple Street Parking Garage
WHEREAS, the City has implemented a public art program
pursuant to Ordinance 112-0-89 providing a mechanism for funding the
acquisition of works of art in public areas; and
WHEREAS, Lincoln Schatz ("the Artist") was the Artist the City
Council selected upon recommendations of the Public Art Committee to design,
execute, fabricate and install a three-dimensional work of art, "Nimbus", on the
exterior east wall of the City's Maple Street Parking Garage; and
WHEREAS, Resolution 91-0-01, approved by the City Council on
November 12, 2001, authorized the City Manager to enter into the "Agreement
Between the City and Lincoln Schatz" for the commission of a sculpture for the
City's Maple Street Parking Garage ("Sculpture Agreement"); and
WHEREAS, the Sculpture Agreement provided that, in
consideration of the Artist's performing all acts required of him, the City would
pay him the sum of $170,000.00 (one hundred seventy thousand and 00/100
dollars) in four installments; and
WHEREAS, the Sculpture Agreement required the Artist to have
"Nimbus" completed and installed by September, 2002, a performance
Is completion time he proposed; and
77-R-04
WHEREAS, the City paid the Artist the sum of $51,000.00 (fifty one 8
thousand and 00/100 dollars) on November 29, 2001 pursuant to the Sculpture
Agreement which provided for a payment of 30% (thirty percent) upon signing of
said Sculpture Agreement; and
WHEREAS, at the Artist's request, the City entered into an
amendment to the Sculpture Agreement on December 3, 2002 to extend the time
for completion and installation of "Nimbus" to July 7, 2003; and
WHEREAS, the Artist has neither installed "Nimbus" nor delivered it
to the City to date; and
WHEREAS, the City and the Artist have determined that it is to
their mutual benefit to settle and compromise any and all claims they respectively
have or believe they have or may have against each other in connection with the 9
Sculpture Agreement; and
WHEREAS, the City and the Artist have determined to achieve
such settlement and compromise by the Artist providing and the City accepting,
another of the Artist's sculptures of greater value than the $51,000.00 (fifty one
thousand and 00/100 dollars) paid the Artist under the Sculpture Agreement; and
WHEREAS, the Public Art Committee considered two other
sculptures executed by the Artist and recommended City Council selection of the
work "Penelope"; and
WHEREAS, "Penelope" has been appraised at $61,500.00 (sixty-
one thousand five hundred and 00/100 dollars), an amount $11,500.00 (eleven
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thousand five hundred and 00/100 dollars) in excess of the monies paid to the
Artist under the Sculpture Agreement; and
WHEREAS, excess monies for the public art project over and
above the $51,000.00 (fifty one thousand and 00/100 dollars) will be used for
additional public art programs; and
WHEREAS, execution of the Agreement is in the best interests of
the citizens of Evanston,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are hereby found as fact
and made a part hereof.
ISECTION 2: That the Interim City Manager is hereby authorized
and directed to sign, and the City Clerk authorized and directed to attest, on
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behalf of the City of Evanston, a Settlement Agreement with Artist Lincoln Schatz
settling all claims which the City and the Artist respectively have or believe they
have or may have against each other in connection with an "Agreement Between
the City and Lincoln Schatz for the Commission of a Sculpture for the City's
Maple Street Parking Garage", by the Artist providing and the City accepting the
sculpture, "Penelope", in substantial conformity with the Agreement attached in
Exhibit A, made a part hereof.
SECTION 3: That the Interim City Manager is hereby authorized
and directed to negotiate any additional terms and conditions of the said
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Settlement Agreement as determined to be in the best interests of the citizens
of Evanston.
SECTION 4: That this Resolution shall be in full force and effect
from and after the date of its passage and approval in the manner provided
by law.
Attest:
Mary r idity Clerk
Adopted: 22 2004
orraine H. Morton, Mayor
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