The URL can be used to link to this page

Home My WebLink About93-017 Sister City Gift Scott Sayre 93-017 SISTER CITY GIFT SCOTT SAYRE i OE C �Pf U � 7 � CPU Rti 10300 Torre Avenue Cupertino, CA 95014 (408) 2524505 Summary AGENDA ITEM NO. 7 !MEETING DATE: April 6, 1993 RESOLUTION NO. 8853 AUTHORIZING EXECUTION OF AGREEMENT WITH T. SCOTT SAYRE FOR SISTER CITY GIFT R CKGROMD Council directed the Fine Arts Commission to select a gift to be presented to the City of Toyekawa in honor of the 15th anniversary of our sister city relationship. There is a budget limitation of $1,500. The Commission, after considering various alternatives, contacted T. Scott Sayre with the idea of having him re-create a small portion of the City Hall mural. Mr_ Sayre suggested an original all on canvas showing the growth of the cherry trees and an aerial view of City Hall and the library. The title of the piece is "A New Page." The focus of the 30" x 40" painting will be a girl drawing cheery blossoms. The work will be done in pastels and have many dissolves. The fee of$1,500 includes the painting(unframed) and a felt-lined hardwood crate. Mr. Sayre expects the piece to be completed by the end of May. The Fine Arts Commission approved this prop^sal and is contacting members of the business community regarding framing and a bi-lingual plaque. A black-and-white sketch is available for viewing in the Clerk's office and will be available at the Council meeting. STAFF REC0IVIMMATION Adopt Resolution No. 8853 SUBMITTED BY: APPROVED FOR. SUBMISSION TO THE CIL Dorothy Co lius, CMC Donald D 13 own City Clerk City Manager i T. SCOTT SAYRE P.O. Box 430 Clayton, California 94517 (510) 672-5970 FAX (510) 672-7985 With over 20 years of experience as an artist, Mr. Sayre creates site-specific murals with the intent of presenting the viewer with exciting and informative images. His philosophy of public murals is that the creation of a mural is only the beginning of the end. The completed mural continues to portray a "life of its own' through the eyes of the viewer, and is always interpreted in new ways by its audience. Major career achievements and satisfaction have come from the execution of murals portraits and depictions of historical significance. Mr. Sayre's most widely publicized work is a mural of the American Labor Movement, a forty-five foot long, ten foot tall panorama depicting organized labor from the Civil War to the present. The results of months of research and artistry, this mural is housed in the Plumbers and Steam Fitters Union Hall in Burlingame, California. Recently completed is a mural with 400 years of history for the City of Cupertino in Silicon Valley, California. This mural adorns the foyer o� Cupertino City Hall in two panels 98 square feet.. In January 1992, the finishing touches for twenty portraits in a collage form, was installed at the headquarters of the International Association of Heat and Frost Insulators and Asbestos Workers, Washington DC. This mural will be unveiled in July 1992 at the dedication of their new headquarters' in Washington. As an artist, Mr Sayre is known for his careful research, the use of materials and processes guaranteeing the longevity of his work,and his ability to execute progressively larger projects uniting History and Art in a striking, Expressionist and Traditional style. Mr. Sayre's murals are always of the utmost aesthetic and technical quality. His detail to research is executed visually in a creative and stimulating manner as to invite participation of the viewer. SELECTED EXHIBITIONS State Capitol Building, Boston, MA State Museum, 'trginia City, NV Nevada State Museum, Carson City, NV Western Railway Museum, Rio Vista, CA Oakland Museum, Oakland, CA • Galleries in San Francisco, Benicia and Walnut Creek, CA 0I A L RESOLUTION NO. 8853 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH T. SCOTT SAYRE FOR SISTER CITY GIFT WHEREAS, there has been presented to the City Council a proposed agreement between T. Scott Sayre and the City of Cupertino providing for commission of a painting for a sister city gift for the 15th anniversary of the relationship with Toyokawa, Japan; and WHEREAS, the provisions, terms and conditions of said agreement have been reviewed and approved by the City Manager and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the City Man,tger and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of April , 1993, by the following vote: ote Members of the ELty Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN:: None ATTEST: APPROVED: 1 City Clerk Mayor,City of Cupertino AGREEMENT FOR COMMISSION OF PAINTING FOR SISTER CM GIFT This Agreement is made an entered into this ELh_ day of __ April 1993, by and between the City of Cupertino, California, a municipal corporation of the State of California(hereinafter referred to as "City") and T. Scott Sayre (hereinafter referred to as "Artist")whose address is P. O. Box 430, Clayton, CA 94517. RECITALS A. City wishes to present a gift to the City of Toyokawa in honor of 15th Anniversary as Sister Cities by commissioning a painting which depicts Cupertino; and B. Artist has submitted to City a proposal and sketches reflecting the completed painting which has been approved by City; and C. Artist is willing to execute and transfer full title to such a completed painting to City,and City is willing to purchase such a completed painting from Artist. NOW, THEREFORE, in consideration of the foregoing promises and mutual covenants hereinafter set forth and other valuable considerations, the parties agree as follows: 1. : Artist agrees to create the 30" x 40" oil on canvas entitled "The New Page" as proposed by Artist and commissioned by City. The City shall be responsible for matting and framing. 2. : Artist agrees to provide any and all services necessary for the completion of the painting, including but not limited to all labor, materials and equipment necessary for the creation and transportation of the painting(a felt-lined, hardwood crate). 3. tel: Artist shall complete work on or before June 1, 1993. The date of completion shall not be extended except upon written authorization as granted by the City Manager's office. In the event that Artist fails to complete the painting within the time specified herein, City shall have the right to rescind this agreement. 4. CoMWMsation: As compensation for all services to be performed under this agreement, City shall pay to Artist the total sum of$1,500 payable upon completion. 5. Ilaefationship of Parties: The parties intend that Artist, in performing the specified services, shall act as an independent contractor and shall have control of his work and the manner in which it is performed. Artist is not to be considered an agent or employee of City, and all work shall be performed at Artist's risk. 6. Non-Assignabifity: No rights created in Artist and for Artist's benefit under this agreement shall be assignable and any attempted assignment of this agreement shall terminate the rights granted to Artist under this agreement, except that nothing contained herein shall be consto!ed as a limitation on Artist's rights under any copyright laws to which the painting may be subject. 7. Wight to RgRroduce Painting yr Non-Profit Interests: Artist grants to City the exclusive right to photograph, copy, duplicate, reproduce or otherwise depict the painting, and the exclusive right to distribute such depiction provided that such distribution shall be made only to non-profit entities with no profit being made by or from the depiction and further provided that any such depiction shall bear the Artist's name and the title of the painting. Artist shall have artistic control over the final depiction and shall not unreasonably refuse his final consent to the depiction. Artist represents and warrants that the rights granted herein may be exercised by City without violation of any law including copyright law or laws pertaining to the right of privacy, and without infringing in any way whatsoever the rights of any person, firm,or corporation. 2 s 8. ®tternex's Fem: In the event that either party shall hereafter bring any • action upon any default in performance of this agreement, the prevailing party shall recover reasonable attorney's fees in addition to any other remedies which may be available. 9. Arjtten &mfflft1 at: This agreement shall constitute the entire agreement between Artist and City with respect to the painting and shall not be subject to amendment, modification, or termination, except in writing signed by the parties hereto. WITNESS THE EXECUTION HEREOF the day and year first above written. APPROVED AS TO FORM: CITY O -CUPERTINO,a Munici C 'on Charl&Kilian L—Do—nWId D. Brown CI'5s%5 City Attorney City Manager:, By: T. Scott$`yre, Artist � �_—•--.--. ' ''� i tee"_.—.+ r� 3