HomeMy WebLinkAboutAgr 2005-07-21 (Laleh & Miriam Zelinsky)
AGREEMENT TOINSTALL ART PROJECT IN
MEMORY OF EDWARD G. ZELINSKY
THiS AGREEMENT is made and entered into this 21 st day of July, 2005, by and between the
TOWN OF TffiURON, a political subdivision of the State of California, ("Town") and LALEH
AND MIRIAM ZELINSKY:
REelT ALS
A. Edward Galland Zelinsky ("Mr. Zelinsky") was a longtime resident of the Tiburon peninsula
and frequent benefactor to the Town ofTiburon. His many contributions to the community
include donating land for the Belvedere- Tiburon Library and the Tiburon Town Hall and
providing the principle funding to restore the South of Knoll Park. Mr. Zelinsky served as a
model public citizen of the Town and the community until his passing in the fall of2004.
B. Laleh and Miriam Zelinsky wish to finance an appropriate memorial to Mr. Zelinsky in the
Town. The Town agrees that Mr. Zelinsky's admirable life warrants a memorial, although
the Town has limited funds available to devote to this purpose.
C. The Town has selected a fountain sculpture, "Coming About," designed by Jeffrey Madden
and Jennifer Reed (collectively, "Artists") to be placed in Main Street Plaza at the
intersection of Main Street and Tiburon Boulevard. The total cost of this project, excluding
installation of utilities and maintenance, is estimated to be $253,500, which the Town must
raise in private donations before commissioning the work by agreement with the Artists
("Artists Agreement"). Laleh and Miriam Zelinsky have offered to finance the "Coming
About" sculpture in its entirety in memory of Mr. Zelinsky. In exchange for this donation,
the Town of Tiburon agrees to construct and complete the "Coming About" fountain as
currently designed with the agreed upon dedication language found below. In addition, the
Town agrees to maintain the fountain in perpetuity.
D. The Town is pleased to dedicate "Coming About" to him in consideration of Laleh and
Miriam Zelinsky generous commitment to finance the project as set forth in this Agreement.
AGREEMENT
1. Laleh and Miriam Zelinsky agree to fund the Coming About project cost of$253,500 (two
hundred fifty three thousand five hundred dollars) in two installments. The first installment
of$100,000 (one hundred thousand dollars) shall be due upon execution of an agreement
with the project artists, Jeffrey Madden and Jennifer Reed (collectively, "Artists") for the
creation and installation of the Coming About fountain sculpture. The second installment of
$153,500 (one hundred fifty three thousand five hundred dollars) shall be due upon
commencement of construction by the artists at the site. The Town assumes all
responsibility for the final completion of the project including any additional costs
associated with its construction.
Fountain Funding Zelinsky, 7-13-05
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2. The Town will negotiate an agreement with the artists that will provide for site preparation,
and fabrication and installation of Coming About as set forth in the Artists' proposal and the
Request for Qualifications circulated by the Town in July of2004, all at a cost not to exceed
$253,500 ("Artist Agreement"). If the Town is not successful in negotiating and executing
the Artist's Agreement within 60 days of the date of this Agreement, this Agreement shall
terminate and be of no further force and effect.
3. The Coming About project will include a dedication within a band of high-quality stainless
steel placed at the back of the long arcing bench on the edge of the fountain. The lower case
lettering of the words of the dedication shall be in a font size of at least one-half inch and
shall be visible on the horizontal plane of the bench and centered on the axis of the fountain
when approached from the tree-lined plaza. Font size of dedication shall be at least one-
half-inch high. The words of the dedication shall be as follows:
In loving memory of Edward Galland Zelinsky, who asked so little
and gave so much. Forever in our hearts, Laleh and Miriam
Zelinsky
No change in wording, punctuation or material presentation shall be made by the artists Reed
and Madden without prior approval by Laleh Zelinsky. No other acknowledgements,
dedications or wording shall be placed on either the project itself or signage without the prior
written approval of Laleh S. Zelinsky or Miriam D. Zelinsky if Laleh S. Zelinsky is unavailable.
4. Miscellaneous.
A. Governing Law. The laws of the State of California shall govern this Agreement.
B. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
C. Entire Agreement: Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
Fountain Funding Zelinsky, 7-13-05
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IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
LALEH AND MIRIAM ZELINSKY
TO
TffiURON
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Laleh S. Zelinsk '"'
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APPROVED AS TO FORM:
-~~~
Ann R. Danforth, Town Attorney
Fountain Funding Zelinsky, 7-13-05
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