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HomeMy WebLinkAbout93- Sculpture Park Project and Contract memorandum of Understanding with BBAB and Bates , . . , CITY OF BOZEMAN, MONTANA, MEMORANDUM OF UNDERSTANDING FOR SCULPTURE PARK PROJECT AND CONTRACT This Memorandum of Understanding is entered into in the City of Bozeman, County of Gallatin, State of Montana on the 28 day of f)ec. , 1915: by and between the Bozeman Beautification Advisory Board, hereinafter referred to as "BBAB", the City of Bozeman, hereinafter referred to as "City", and Gary Bates, hereinafter referred to as "Artist". WHEREAS, the City has conducted a Sculpture Competition with the purpose to solicit large original sculpture proposals for a sculpture park to be located at 1001 North 7th Avenue, adjacent to Darigold, Bozeman, Montana; and WHEREAS, the intent of the sculpture park is to trigger the restoration and "greening" of North 7th Avenue, which has seen the loss of trees and landscaping as well as other visual detractions over the years; and WHEREAS, the Sculpture Selection Committee has held the Sculpture Competition; and WHEREAS, the competition produced many fine submissions which were narrowed down to three finalists; and WHEREAS, the three finalists displayed models of their proposed sculptures for public comment; and WHEREAS, the public comments were reviewed by the Sculpture Selection Committee, and a recommendation was made to the Bozeman Design Review Board, which was approved and forwarded to the Bozeman City Commission; and WHEREAS, the Bozeman City Commission gave final approval to the selection of Lunar Kecherschmitt by Gary Bates, an artist from Manhattan, Montana; and WHEREAS, the BBAB is in the process of raising funds to obtain the winning sculpture; and 1 . WHEREAS, the Artist has agreed to produce and deliver the proposed sculpture to the City of Bozeman within one year of entering into a contract should the BBAB raise the award amount of $30,000.00 (Thirty Thousand Dollars) in the time frame as outlined below. NOW, THEREFORE, the parties enter into the following Memorandum of Understanding which will be satisfied by the execution of a contract or the termination of this Memorandum of Understanding on or before June 1, 1994. TERMS 1. The BBAB shall attempt to raise the funds through various fundraising activities in order to secure the award amount of $30,000.00 (Thirty Thousand Dollars). 2. The Artist is encouraged to assist in any and all fundraising efforts of the BBAE. Such assistance shall be mutually arranged between the Artist and the BBAE. 3. The City shall draft a contract for the completion of the sculpture, such contract to be signed when and if the necessary funds are raised to pay the artist award. 4. Should safety concerns arise, the City will review and address those concerns. 5. The BBAB has until June 1, 1994, to raise the necessary funds. 6. Should the BBAB be unable to raise the necessary funds, this project will be cancelled. 7. If and when the funds are raised, prior to the deadline, the Artist will then enter into a contract for completion of the project within one year from the date of signing the contract. This contract may be executed anytime prior to the June 1, 1994, deadline. 8. During the fundraising effort, the BBAB and the City will retain the sculpture model submitted by the Artist. The model will be released to the Artist upon execution of the contract or termination of the project. The Artist will be responsible for claiming the model and transporting it upon the release of the model. 2 . . . , , . 9. It is intended by all parties that the sculpture will be placed in the Sculpture Park as a permanent fixture, and that, after completion of the sculpture and delivery, the City shall be the owner of the sculpture. 10. It is intended that the signed contract shall more specifically detail the rights and obligations of all parties, the time table for completion, any safety factors that become an issue, the transfer of the sculpture from the artist to the City and the presentation of the $30,000.00 award, and any and all other reasonable terms and conditions not otherwise specifically enumerated in this Memorandum. By signing this Memorandum of Understanding, the parties agree that this document shall be binding and in full force and effect unless and until it terminates on the deadline or the formal contract is executed. DATED this 28th day of December 2, ~,,), \ k/~, By: 14Y1uv:tf? UZc&e/ Bozeman Beautification Advisory Board ATTEST: {JLJ~ Clerk of the Commission 3