HomeMy WebLinkAboutA001 - Council Action Form dated October 22, 2024ITEM #:13
DATE:10-22-24
DEPT:ADMIN
SUBJECT:CAMPUSTOWN BRICK PIER ART
COUNCIL ACTION FORM
BACKGROUND:
In June 2024, FUEL, the young professionals organization affiliated with the Ames Regional Economic
Alliance, approached the Public Art Commission (PAC) with a project to paint four surfaces on the
brick and concrete pier located at the southeast corner of the intersection of Welch Avenue and
Chamberlain Street in Campustown. The pier is approximately eight feet tall and contains 24"x40" flat
concrete surfaces on each face, which have historically been used by the public to post flyers.
Following a discussion with PAC, FUEL sent correspondence to the City Council on August 6. The
City Council referred the correspondence to staff and requested a more thorough proposal, which is now
presented to the City Council for consideration. FUEL has arranged for an artist, Jordan Brooks, to
paint the four flat surfaces of the pier with four distinct images (see attached Artist Proposal). FUEL
will cover the artist's fees.
An agreement granting permission by the City for the artist to install the painting is necessary to
proceed. Staff has prepared an agreement using prior mural installation agreements as a model.
The agreement grants a license to the artist to install the mural. The City retains the right to
revoke the license and remove the paint immediately for breach of the contract, or with 10 days'
notice for any reason (for example, if the City wishes to remove the work due to deterioration in
the future).
During the staff evaluation of the site prior to preparing the agreement, staff noted that the pillar was in
need of cleaning and minor repairs. Staff has arranged for a contractor to complete the repairs and clean
the surfaces of the pillar for painting prior to the project commencing.
ALTERNATIVES:
1. Approve the attached agreement with Jordan Brooks for the installation of four painted murals on
the surface of the Campustown brick pier.
2. Do not approve the agreement.
3. Refer this item to staff for further information.
CITY MANAGER'S RECOMMENDED ACTION:
This project presents the opportunity to revitalize an underutilized noticeboard in the
Campustown area with a fresh, vibrant look. The professionals from FUEL have undertaken the
work to raise funds and select the artist. This project aligns with the City Council's adopted value
of a fun, vibrant, and healthy community that attracts and retains people. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above.
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ATTACHMENT(S):
Artist Proposal.pdf
Campustown Pillar Artist Agreement.docx
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CITY OF AMES, IOWA
PUBLIC ART LICENSE AGREEMENT
THIS AGREEMENT is made on the ______ day of _______________, _____
between the City of Ames, Iowa, hereinafter referred to as the OWNER, and Jordan
Brooks of Ankeny, Iowa, hereinafter referred to as the ARTIST or LICENSEE. The
OWNER’S Representative shall be the Assistant City Manager of the City of Ames, Iowa.
WHEREAS, an ornamental brick and concrete pier historically used as a
noticeboard is located on OWNER’s property adjacent Campustown Court, at the
southeast corner of the intersection of Welch Avenue and Chamberlain Street, Ames;
and,
WHEREAS, FUEL, a young professionals organization affiliated with the Ames
Regional Economic Alliance, has undertaken a project to facilitate the installation of an
ART WORK at this location;
NOW, THEREFORE, the parties have agreed and do agree as follows:
1. The term “premises” as used herein means the four-sided ornamental brick and
concrete pier 93 inches in height, 32 inches in width, and 32 inches in depth,
located at Campustown Court, a park facility located at the southeast corner of the
intersection of Welch Avenue and Chamberlain Avenue, Ames, Iowa. Each side of
said pier contains a flat concrete surface 40 inches in height and 24 inches in width.
2. The OWNER grants to the ARTIST a revocable license to install upon the four flat
concrete surfaces of the pier a painted ART WORK, substantially conforming to
the proposed sketch(es) attached as Exhibit 1 to this Agreement.
3. The aforesaid license is subject to the following conditions:
a. ARTIST shall notify OWNER a minimum of 24 hours in advance of entering
the premises for the purpose of performing any work thereon. OWNER shall
have the right to establish certain dates or hours during which work may not
occur.
b. ARTIST is granted the right to use OWNER’S property within five feet in all
directions of the premises during the installation of the ART WORK.
c. Any and all work performed by the ARTIST shall be done and completed in
a good and workmanlike manner at the sole expense of the ARTIST. Said
work shall be done in such manner as to not interfere with or endanger in
any way the use of the right-of-way or other property of the OWNER.
ARTIST agrees to remove any tools, supplies, and equipment from the
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OWNER’S property at times when the ARTIST is not present at the work
site.
d. ARTIST understands that the surfaces of the pier are to be utilized in a
manner that allows them to be restored to their original condition through
pressure washing alone. ARTIST may use hand scrubbing, brushing, or
pressure washing to prepare the surfaces of the pier for painting. Any use
of other mechanical means of cleaning or any use of chemical cleaning
agents requires advance approval by the OWNER. ARTIST shall be
responsible for complying with all applicable laws and regulations
concerning the use of any approved chemical cleaning agents.
e. ARTIST shall ensure that the installation of the ART WORK is confined to
the surface of the four 40”x24” flat concrete panels of the pier, and shall use
preventative measures such as masking and drop cloths to prevent spills
and drips from adhering to surfaces outside the approved area of the
installation. ARTIST shall be responsible to clean up any spills or drips that
occur.
f. (RESERVED)
g. ARTIST agrees to indemnify and hold harmless the OWNER from any
claims or liabilities for any loss or other damage arising from the willful or
non-willful acts of negligence by the ARTIST during the installation of the
ART WORK.
4. Neither this Agreement, nor any interest therein, shall be transferred by the
ARTIST. Any such transfer shall void this Agreement.
5. This writing embodies the entire Agreement and understanding between the
parties hereto, and there are no other agreements and understandings, oral or
written, with respect to the subject matter hereof that are not merged herein and
superseded hereby.
6. No alteration, change, or modification of the terms of this Agreement shall be valid
unless made in writing and signed by both parties hereto and approved by
appropriate action of the OWNER.
7. This Agreement shall be governed by, construed and enforced in accordance with
the laws of the State of Iowa, with venue in the appropriate state and/or federal
courts for Story County, Iowa.
8. OWNER shall have and retain the right to use the premises as its property for any
purpose of the City. This license is given upon and in consideration of the terms
and conditions stated above. Should the licensee at any time violate any of said
terms or conditions, or use or attempt to use the premises for any other or different
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purpose than for that specified above, then the OWNER may, at its option,
immediately revoke this license. This license may be revoked by OWNER upon
ten days’ notice for any reason. Upon revocation of this license, OWNER may, in
its sole discretion, remove or modify the ART WORK.
ARTIST:OWNER:
Jordan Brooks City of Ames
(print name)
By: _____________________________By:
______________________________
Date: ___________________________Title: ____________________________
Date: ____________________________
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