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CITY OF SAN BERN.....dDINO -1:LUEST F",R COUNCIL ACTION
From: Thelma Press, Liaison, Mayor
and Council
Subject: Recommendation b~' Fine Arts Commission
Grant to The Sunset Grouo - $25,000
Dept:
Date: Au~ust 22, 1989
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
.A "Iu.'. . /7. ')
..-':' ?/ /7 i .
:zte-/ ~) (J/fJ!~
Signature
Contact person:_Jbel ma Press
Supporting data attached: . Yes
Phone: ext. 5114
Ward:
FUNDING REQUIREMENTS:
Amount: $25,000
Source: lJ:\cct.l'J~L 00l-091-SJ6:05- S 31'7.:2..
(Acct. Description)
Arts Fundino.
Finance:- ~ ~._-_..-
Council Notes:
7S.02b2
Agenda Item No;
3~
CITY OF SAN BERN;....ADINO - REQUEST F~A COUNCIL ACTION
STAFF REPORT
The grant request for a life size bronze sculpture
"Raindancer" to be placed in The Plaza Area of the Plaza
Development situated at the northwest corner of Hunts Lane
and Hospitality Lane in Sunwest Professional Park. This is
the first request for a Visual Arts Grant. (This has already
been installed).
The Fine Arts Commission voted to fund for the following
reasons:
1. The half percent collected from commerical develop-
ment to the arts has enabled San Bernardino to grow
culturally.
2. The granting of funds has been up to now only to
the. Performing Arts.
3. There is a great need for the beautification of San
Bernardino through the Visual Arts and the
commission is hoping to place other sculptures in
different sectors of our city.
4.' This particular sculpture has a'security system for
its protection.
The Commission members have added the following stipulations:
1. Applicant/Company will be responsible for mainten-
ance of the sculpture/project.
2. If the Applicant/Company dissolves, the sculpture/
project will be returned to the City of San
Bernardino, ATTENTION: Fine Arts Commission.
3. If the Applicant/Company decides to move the
sculpture/project out of the City, the monies
originally funded must be paid back to the City of
San Bernardino, ATTENTION: Fine Arts Commission.
The grant request in the amount of $25,000 was approved by
the Fine Arts Commission at their meeting on July 14, 1989.
75-0264
~
Raindancer (Iifesize)
Dreams
f3E~NETT SCULPTURE
StudiosS Foundrv
. -\",1)5 Greeristore Re'dd
!clCervlile. C~, 95667
1916) 9330738
~BENNETT
SCULPTURE
3
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Saturn
America's Cup
'::Cd6
i\RTISTS Tom Bennett
Bob Bennett .
Limited Edition
Bronze Sculpture
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NEED STATEHENT
The Plaza, locateel on i:ospitality Lane, is at the center of
t:.e Cor;ur.ercenter, ,/itLin \'lal~(ins distance fron, both enes of
:-:ospitality Lane. The Plaza './ill toast sucb restaurunt users 3.S
~he Gooel Earth ~estaurant, The Crient ~xpress, Philly Steak
Sandwich Shop, and an Italian restaurant; these ~estaurants will
'~enerc.te 2. large voluLe of '.;a1:: ins traff ic. ~he FIJ.za Las
created a rood court J.t;-;wsf'he::e '..it:~ outsic:e C:c,tinS Clrea:.::. This
sculpture will not only rro~ote the arts ~ittin our ~rofessional
cor;;l.iunity, tut v/ilJ_ be a :::,t3tE:L.ent to the :"a:iy visitors, toth
:.:::usiness anc rerso:ic.l, that visit EosFitali'c.y T,ane that 8an
Eernarcino is a city ot culture and a supporter of the arts.
14
INTENDED RESULTS
THIS ARTWORK WILL BE VIEWED BY AN ESTIMATED 9,000 VEHICHLES PER DAY,
AS PROJECTED BY EXHIBIT "B", AND AN ESTI~~TED 2,000 PEDESTRIANS.
15
SIn BemuclirtO City
fan. A.rts Comm Lss..i.on
ORGAN1Z.AT
j GRANT APPL!CA nON FQRW
I. AppUca.nt Orpni.ution ame, ~dre., e
THE SUNSET GROUP
225 W. HOSPITALITY LN., #100
SAN BERNARDINO, CA 92408
a. ~tac1 Penon MERVYN j~mnTZ
T1Ue PRESIDENT 714) 381-438
Phone ( 7 1 4) 38 1- 4 3 81
CA State Non-Protit 10 , N/A
Number ot Yurs in Existence N/A
m. Proaram CA teaory Under flhich Support
is Requesteda SPECIi\L PROJECTS
iv. f;;iotJ of Suppoct Requested
N/A
(Swtin&)
thr'u
~nc1in&)
v. Summuy ot Project DescriptioN LIFESIZE BRONZE SCULPTURE "RAINDANCER" BY
ARTISTS BOB & TOM BENNETT TO BE PLACED IN 'fHE PLAZA AREA 0J5 THE
PLAZA DEVELOPMENT SITUATED AT THE NORTHWEST CORNER OF HUNTS LANE
i\ND HOSPITALITY LANE IN THE SUNllEST PROFESSIONAL PARK.
VI. Estio...tcd num~ ot ~ expected to beMfit from this PCOII'M\Jpcojecu SEE l..TTACHED
a) Nwnber ot persons by paid attendances NONE DEHUG1{APHICS Arm
b) Number ot penons by free or complimentMy admissions FREE TO TRAFFIC COUNTS
ALL PUBLIC
vu. Need statement:
SEE ATTACHED
VUI. Intended Resuiu:
SEE ATTACHED
IX. Summary ot Estimated Costs:
A. 0 irect CoSU
SaLaries and wages
SuppHes ~ Materi.a.1.s
Travel
Fixed Assets/Rentals or Leases
Fees and Other INSTALLATION
TOT AL COSTS OF PROJECT
o
.1
."
TOT AL DIRECT COST S
8. Indirect Costs
TOT AL PROJECT COSTS
~
~ 29.576.66
x. Organiution anticipated fl6\ding/expenses:
A. Ex~ N/A
8. Revenues, Granu, Contributions, etc.
Actual Most Recent
Fi.scal Period
$
$
Estima ted This
Fiscal Period
$
$
-
Xl. Total amount requested from San 8ernarcUno City Fine Aru Commisslon
NOTE: AmoWlt Requested $ 29, 576 . 66
P Ius total revenues, $ - 0 -
grants, contributions, etc.
Must equal total pcoject $ 29, 57 G . G 6
cosu above
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xn. CER T1FICA nON:
Project Officer Pi\TRICIi\ GREEN
Phone Number ( 714) 3 Sl- 4 3 81
Title
Date
'lICE PRESIDENT
5/3/89
J
Qate: 6/15/88
INVOICE
Sold To: ICON GENERAL CONTRACTORS
225 w. HOSPITALITY LAN~ STE 100
SAN BERNARDINO, CA 92408
:::S~
SCUlPTURE
~ ~ <.:
2040 0
Phone #: 714 888 -7201
Carmel/Carmel Plaza 408-625-1085
San Carlos 408-624-2470
Dallas/Galleria 214-387 -4278
Honolulu/Hyatt Regency Waikiki 808-926-5533
La Jolla 619-454-5257
Maui 808-661-5538
Placerville/Foundry 916-933-0738
San Francisco/Wharf 415-673-1230
Scottsdale/Main St. 602-946-4552
Summit/Lake Tahoe 916-659-7359
Ship To: THE PLAZA (ICON)
CORNER OF HUNTS LANE AND
HOSPITALITY LANE
SAN BERNARDINO, CA 92408
RAINDANCER
25,000
LESS DEPOSIT P~ID
(10,000)
BALANCE DUE
15,000
Subtotal
Sales Tax
Shipping
Total
15,000
Special Instructions:
15..000
Cash 0 Check 0 Credit Card - Amex 0 MC 0 VISA 0
Exp. Date
Ship: Gallery 0 Foundry 0 Taken 0
Certificate:
Taken 0 Send 0
ALL SALES FINAL
Gallery
GREENSTONE
Salesperson
CARRIE BENNE'l'T
Customer Signature
ON FILE
Ship By Date
17
ICON
GENERAL CONTRACTORS
November 23, 1988
Patricia Green
SUNSET REAL ESTATE CORP.
DBA: The Sunset Group
225 W. Hospitality Ln.
Suite 100
San Bernardino, CA 92408
Dear Pat,
Following is a breakdown of costs incurred on the monument as
per the attached invoices.
Monument Pedistal
Materials:
95 block @ $1.05 each + 6%
63 mushroom caps @ .80 each +6%
1 yard concrete grout @ $75.00 each
1-2/3 yards concrete footing @ $75.00
100 ceramic hand painted tiles
Labor:
Footings - cost to dig and pour,
one man, ei~ht hours @ $30.00/hr.
Block laying - $3.00 per block
Grouting - two men for two hours
Capping - $3.00 per unit (laying)
Cuts -eight pieces per radius, four
radi @ S2.00 per cut
8 Hours of labor for placement of
hand painted tiles
Total cost of materials and labor:
$ 105.74
54.18
75.00
123.75
1,800.00
----------
----------
$2,158.66
)
240.00
285.00
100.00
189.00
64.00
400.00
-----------
-----------
$ 1,278.00
S 3,436.66
20
225 W Hospitality Lane. SUite 100' San Bernardino. CA 92408' (714) 888-7201 · L,c "472605
Patricia Green
Page :2
Should vou have questions or requlre additional information,
please give me a call.
Sincerely,
ICON
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Pro j e c t ~l a nag e r
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21
ICON
GENERAL CONTRACTORS
November 23, 1988
Patricia Green
SUNSET REAL ESTATE CORP.
DBA: The Sunset Group
225 W. Hospitality Ln.
Suite 100
San Bernardino, CA 92408
Dear Pat,
Attached please find a quote from John Dey at PRO-TECH
ELECTRIC, regarding ground lights which will be provided for
the monument. The cost includes materials and labor.
Four ground lights at 5285.00 each:
$ 1,140.00
Should you have questions or require additional information,
please give me a call.
Sincerely,
ICON
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J Gwen E.
Project
'~0l(td 01- ~/
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~anager
GEB:jm.
18
225 'N HosPitality Une, ::)I,llte 100. San 8ernardlno CA 92408. (14) 888-7201 · Lie, '"472605
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COMMERCIAL and RESIDENTIAL BLOCKS
157 RANCHO AVE. · P.O. BOX 499 . SAN BERNARDINO, CA 92402
(714) 885-6581
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(714) 885-6581
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO
3 UTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SUNSET GROUP FOR THE PROMOTION OF ARTS AND CULTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. The Mayor of the city of San
6
Bernardino is hereby authorized and directed to execute
7
on behalf of said city an Agreement with The Sunset
8
Group a copy of which is attached hereto, marked Exhibit
9
10
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"A" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common council of the city
of San Bernardino at a
meeting
14
day of
1989, by the following vote, to wit:
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AYES:
NAYS:
ABSENT:
city Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
\
Resolution for Ihe Sunset Group
1
2
W. R. Holcomb, Mayor
city of San Bernardino
3 Approved as to form and
4 ~. ~/J. 1 ~/?~~-
5 Cf/ Attorney
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legal content:
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AGREEMENT
Fine Arts Fundinq
THIS AGREEMENT is entered into between the CITY
OF SAN BERNARDINO, a municipal corporation, referred to
as "City", and The Sunset Group a non-profit
organization, referred to as "organization".
The parties agree as follows:
1. Recitals.
A. Organization has requested financial
assistance from City for the fiscal year 1988-89, in
order to assist in defraying the expense of certain
concerts, shows, festivals or events or activities
sponsored by Organization as set forth in Organi-
zation's grant proposal (hereinafter "the proposal")
approved by the Fine Arts Commission of the City, a
copy of which proposal is on file in the Office of
Cultural Affairs. The terms of the proposal are
incorporated herein by reference and shall govern the
uses of the funds provided herein. The financial
assistance provided for in this agreement is made on a
one-time only basis, and receipt of said funds shall
not imply a continuing obligation of the City beyond
the terms of this Agreement.
B. The expenditure is for a valid munici-
pal public purpose, to wit: for the promotion of
visual arts in art appreciation in San Bernardino, as
more fully set forth in the proposal submitted by
Organization.
2. Payment. Upon presentation of a claim to
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Agreement for the Junset Group
6
the city Finance Director, city shall pay to organiza-
tion from the budget for the 1989-90 fiscal year, the
total .sum of twenty-five thousand dollars, to cover the
costs per the Fine Arts grant application agreement.
3. Use of Funds. The funds paid toOrgani-
zation shall be used solely for the purposes set forth
in Paragraph 1 and in strict compliance with the
provisions set forth in the proposal. No deviation
from the proposal shall be made without the express
approval of the city of San Bernardino. Said funds
shall be expended by June 30, 1990 and any unexpended
funds shall be returned to city by organization.
4. Accountinq. At such time or times as may
be requested by the city Administrator or Director of
Finance of city, Organization shall submit to the City
Administrator, with a copy to the Director of Finance
and the San Bernardino Fine Arts Commission, an
accounting of the proposed and actual expenditures of
all revenues accruing to the Organization for the
fiscal year ending June 30, 1990. Financial records
shall be maintained in accordance with generally
accepted accounting principles ,by organization in such
a manner as to permit city to easily trace the expendi-
tures of the funds. All books and records of
organization are to be kept open for inspection at any
time during the business day by the city or its
officers or agents.
5. Hold Harmless. organization covenants and
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Agreement for he Sunset Group
agrees to defend, indemnify, and hold harmless the city
and its employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or
losses however occurring, or damages arising or growing
out of the use or receipt of the funds paid hereunder
and all operations under this agreement. Payments
hereunder are made with the understanding that the City
is not involved in the performance of services or other
activities of Organization. organization and its
employees and agents are independent contractors and
are not employees or agents of the City in performing
said services.
6. Termination. City shall have the right to
terminate this Agreement and any funding remaining un-
paid hereunder for any reason by mailing a ten-day
written notice to Organization and this agreement shall
terminate ten days after the mailing of such notice. In
the event this Agreement is terminated for reasons of
improper use of funds or use of funds for any purpose
other than those authorized, any unexpended portion of
the funds provided by City shall be returned to City.
In addition, Organization shall reimburse to City any
funds expended which were used for any purposes other
than those authorized under this Agreement.
7. Assiqnment. Organization shall not assign
its interest in this Agreement without the prior
written approval of city.
8. Insurance. Organization shall take out
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AClreerlent for tJ. Sunset Group
and maintain during the life of this Agreement such
public liability and property damage insurance as shall
insure City, its elective and appointive boards,
commissions, officers, agents and employees, permittee
and its agents performing acts covered by this
.Agreement from claims for damages. for personal injury,
including death, as well as from claims for property
damage which may arise from Organization's or its
agents' operations hereunder, whether such operations
be by Organization or its agents or by anyone directly
or indirectly employed by either Organization or its
agents, and the amounts of such insurance shall be as
follows:
(a) Public Liability Insurance. In an
14 amount not less than $100,000 for injuries, including,
15 but not limited to, death, to anyone person and,
16 subject to the same limit for each person, in an amount
17 not less than $100,000 on account of anyone
19
18 occurrence;
(b) Property Damage Insurance. In an
20 amount of not less than $50,000 for damage to the
21 property of each person on account of anyone occur-
22 rence.
23 city shall be set forth as an additional
24 named insured in each policy of insurance provided
25 hereunder.
2G
9.
Organization hereby convenants that it has
27 taken all actions necessary to make the adherence to
281
\ I
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II
Aaree~ent for ~ ~ Sunset ~roup
the obligations imposed by this agreement a binding
1 obligation of the organization.
2
10.
Notices. All notices herein required
3 shall be in writing and delivered in person or sent by
4 certified mail, postage prepaid, addressed as follows:
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As to City:
city Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
As to organization:
The Sunset Group
Attn: Mervyn Simchowitz
225 W. Hospitality Ln., #100
San Bernardino, CA 92408
11. Entire Agreement. This Agreement and any
10 documents or instruments attached hereto or referred to
11 herein integrate all terms and conditions mentioned
12 herein or incidental hereto, and supersede all negotia-
13 tions and prior writing in respect to the subject
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matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and
any such document or instrument, the terms and condi-
tions of this Agreement shall prevail.
DATED:
ATTEST:
2G
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city Clerk
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CITY OF SAN BERNARDINO
Agreeme.nt for
Sunset GrauD
Organization
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Approved as to form and legal content:
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8 C:' ty Attorney
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