HomeMy WebLinkAbout93- Sculpture Park Project and Contract memorandum of Understanding with BBAB and Bates
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, 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
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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.
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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
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