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TO: Mayor Thomas J. Weisner
FROM: Daniel Barreiro, Chief Community Services Officer
DATE: May 5, 2014
SUBJECT:
Resolution authorizing the execution of an agreement for an Umbrella Art Installation in the Water Street Mall.
PURPOSE:
This License Agreement is necessary because of the use of public property and the nature of the proposed Umbrella Art Installation. The display is an outdoors art project consisting of 1,344 umbrellas suspended by a grid system of light cables connected from buildings and trees. It will be located in the Water Street Mall in between Downer and Galena and will be on display for about 3-4 months in the summer. The umbrellas will consist of an assortment of bright colors and have been carefully selected because of their light weight and durability.
This project will be enjoyed by thousands of people who work in and visit the downtown. The art display will also be seen by those who attend the Louche Puce Market, Alley Art Fair, parades and other major events in the downtown. In addition, the display will also become its own destination point.
BACKGROUND:
Several months ago Gaiter, founder of Rotten Apple Studios, pitched his Umbrella Art project to Mayor Weisner and Clayton Muhammad. Subsequent to that Gaiter met with Chuck Nelson, Jim Pilmer, Jim Birchall and Rena Church to discuss the project and discuss steps to go forward. Since then this project has been building interest and support.
The City of Aurora has had a growing art presence in the downtown area. The City of Aurora opened the David L. Pierce Art & History Center in the early 1990s. The City in conjunction with the Aurora Public Art Commission has installed public art in the downtown such as the Journeyman, Swimming Stones, Marie Wilkinson bench sculpture, the Fireman and the Sculpture Garden. These pieces have added to the fabric of the downtown and enhance the experience of those who frequent the downtown. Many arts groups have formed and staged a variety of events in the downtown.
Rotten Apple Studios was formed three years ago and has offices on South Stolp Avenue. It is an art based business consisting of several artists. The group is well known locally and hosted a show, "Introduction to the World of Comics", at the David L. Pierce Art & History Center in 2013. This show attracted one of the largest crowds for an opening show. The Rotten Apple Groups also sponsored a show earlier this year, "Women". Rotten Apple has been involved in many other downtown art initiatives. Gaiter and Rotten Apple Studios are proposing to add one more piece to the downtown art scene.
DISCUSSION:
The Umbrella Art Installation will have a positive impact on the downtown. This art display will enhance the experience of thousands of people who attend city events downtown such as the Alley Art Festival, Louche Puce Market, parades and runs. The display will receive a lot of media attention, attracting people to the downtown who hear about it and want to see it.
The Law Department has determined that a License Agreement is necessary for the project to proceed. The License and Release, Hold Harmless and Indemnification Agreement For Temporary Use of City Property For Umbrella Art Installation Proposal spells out the requirements for the project, the scope and duration, insurance and hold harmless requirements and responsibility for damage to property.
A certificate of insurance meeting the City's requirements will be provided and added to this packet prior to approval.
No permits are required for this temporary public art display. However, a Foxwalk Certificate of Appropriateness is needed. This application has been submitted. The grid system will be installed using ferrules, clamps and some anchors in the mortar of the brick walls. After the display is removed all holes will be filled in.
No special requirements are needed from the City's Public Art Commission.
IMPACT STATEMENT:
The project will have a minimal impact on city and private property. Any damage to buildings will be repaired.
The Art Installation will not be installed nor maintained by city staff. All costs for its fabrication and installation will be borne by Rotten Apple.
A certificate of insurance will be provided naming the City of Aurora and affected Private Property Owners as primary non-contributory additional insureds.
The use of the Water Street Mall by the public will have a minimal impact with small sections cordoned off at a time during the installation.
RECOMMENDATIONS:
Place this resolution on the BGI Committee agenda for review with final approval by the City Council.
cc: Alderman Peters, Chairman
Alderman Garza
Alderman Bugg
Alderman Saville, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Authorizing a License and Release, Hold Harmless and Indemnification Agreement for Temporary Use of City Property for Umbrella Art Installation Proposal
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, a proposal has been submitted for an Umbrella Art Installation in the Water Street Mall from Downer Place to Galena Boulevard, and
WHERAS, the Umbrella Art Installation will have a positive impact to the downtown and the City as a whole, and
WHEREAS, the Umbrella Art Installation will require the use of Public Property including City buildings and open space, and
WHEREAS, the attached License and Release, Hold Harmless and Indemnification Agreement for Temporary Use of City Property for Umbrella Art Installation Proposal
Is necessary for the project to proceed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: Authorize the execution of a license agreement for an Umbrella Art Installation in the Water Street Mall, contingent upon the City's receipt of approval of the project by a licensed structural engineer and receipt of the required certificates of insurance.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
____________________________ __________________________
Alderman Bohman, Ward 1 Alderman Garza, Ward 2
____________________________ __________________________
Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
____________________________ __________________________
Alderman Peters, Ward 5 Alderman Saville, Ward 6
____________________________ __________________________
Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
____________________________ __________________________
Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
____________________________ __________________________
Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
____________________________ __________________________
City Clerk Mayor
Attachments: Umbrella Art Proposal, Umbrella Art Installation Concept, Umbrella Art Installation Map, License Agreement.