The URL can be used to link to this page

Home My WebLink AboutA018 - Resolution accepting Public Art Easement located at Ames Community Preschool Center, 920 Carroll AvenueITEM #:20 DATE:03-24-26 DEPT:P&H SUBJECT:PUBLIC ART EASEMENT AT AMES COMMUNITY PRESCHOOL CENTER, 920 CARROLL AVENUE COUNCIL ACTION FORM BACKGROUND: A Public Art Easement is being requested by the Public Art Commission (PAC) for placement of public art on private property at Ames Community Preschool Center, 920 Carroll Avenue. The easement will be located adjacent to the childcare facility and playground. The art installation planned in relation to this easement is a part of the Neighborhood Sculpture Program, which is a PAC initiative that focuses on creating a visual and aesthetic environment that incorporates art into the lives of all Ames residents. ACPC applied to participate in this program, requesting placement of the sculptural work titled "Tipsee" by Craig Snyder. On January 6, 2026, the Public Art Commission reviewed and recommended pursuing the placement of artwork on the properties. Subsequently, on January 27, 2026, the City Council approved acquisition of "TipSee" into the City's Permanent Art Inventory. Now, approval of the easement to facilitate the placement of "TipSee" is being requested. An art installation can be approved with an exception to setback standards when approved by the City Council as Public Art within a Public Art Easement. The intent of this exception is to promote the location of publicly visible art installations on private property, as a coordinated effort between the City of Ames Public Art Commission and local businesses. Public Art is defined in 29.201(163a) as: "Any works of craft or art in any medium that the City of Ames Public Art Commission (PAC) has reviewed and which has been approved, and formally accepted by the City Council (or under the authority of the City Council as designated to the PAC) for temporary or permanent installation in public locations, in or on publicly owned buildings, on publicly owned land, or in or on other locations leased or provided to the City through donation, easement or other means." The Easement documents have been finalized by City legal staff and have been agreed upon by the applicant. They are attached for reference. In addition to the Public Art Commission and City Council review, Planning staff coordinated with the Public Works and Electric Departments to ensure the easement locations did not interfere with visibility at adjacent intersections or impact utilities. It is noteworthy that all parts of the artwork are required to be behind the vertical edge of the adjacent public sidewalk and no overhang is allowed. 1 ALTERNATIVES: 1. Accept the Public Art Easement located at Ames Community Preschool Center, 920 Carroll Avenue. 2. Do not accept the Public Art Easement and direct PAC to develop alternative plans for this project. CITY MANAGER'S RECOMMENDED ACTION: The proposed Neighborhood Art installation will be on a publicly visible portion of the property owned by ACPC. In order to allow for the installation to proceed, an easement with the property owner is required. The City will be responsible for the maintenance of the art once it is installed. Approval of the Public Art Easement will further the coordinated effort between the Public Art Commission and neighborhoods to promote the location of publicly visible art installations on private property. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative 1. ATTACHMENT(S): 920 Carroll Ave Public Art Easement.pdf 2 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: Mark O. Lambert, City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010; (515) 239-5146 Return document to Mark O. Lambert: Ames City Clerk, 515 Clark Ave., Ames, IA 50010 Legal Description: See page 5. PUBLIC ART EASEMENT This Easement Agreement, made effective on as Grantor, and the City of Ames, Iowa, as Grantee. RECITALS WHEREAS, the City has adopted a program for the placement of art in and on public and private locations throughout the City of Ames; and WHEREAS, Grantor owns the real property located in Ames, Iowa, locally known as , Ames, Iowa, and is willing to make the property available to the City for placement of Public Art, as defined by Chapter 29 of the Ames Municipal Code, for public viewing upon a portion of the property identified on Exhibit ‘A’ attached (hereinafter the “Easement Area); and WHEREAS, the City’s Public Art Commission has recommended to the City Council the installation of certain Artwork upon the real property, which has been accepted and approved by the City Council; and IN CONSIDERATION of the mutual promises and performances set forth below, the parties agree as follows: 1. EASEMENT GRANT AND PURPOSE. Grantor grants to the City, its successors and assigns, a nonexclusive Easement over, under, and across the Easement Area described in Exhibit ‘A’ for the purpose of placing, installing, maintaining, operating, and exhibiting the Public Art for public viewing, including any structure, footing or pad thereon required (hereinafter referred to as the “Artwork Base”), together with a right of reasonable ingress and egress to the Easement Area. Any artwork placed 920 Carroll Avenue March 24, 2026 (month/date/year), is between Ames Community Preschool Center (property owner), 3 2 within the Easement Area must be approved and formally accepted by the City Council (or be under the authority of the City Council as delegated to the Public Art Commission), whether publicly or privately owned. 2. TERM OF EASEMENT. The Easement shall be perpetual unless or until terminated as provided herein. 3. MAINTENANCE. The maintenance responsibilities of the parties shall be allocated in the following manner: a. The City shall be responsible for maintenance of Public Art owned or leased by the City during the term of the Easement. b. The City shall be responsible for maintenance of the Artwork Base during the term of the Easement. c. The Grantor shall be responsible for maintenance of Public Art owned or leased by the Grantor during the term of the Easement. d. The Grantor shall be responsible for landscaping, and landscaping maintenance, such as mowing and weed control, within the Easement Area. 4. TERMINATION. The Easement granted herein may be terminated as follows: a. The City may terminate the Easement at any time at its sole discretion upon 30 days written notice to Grantor. b. Subject to approval by the City Council, the Easement may be vacated and terminated upon the Grantor’s written request for any of the following reasons: i. Grantor intends to convey the real property, or an interest in the real property to a buyer or mortgage lender, and said buyer or mortgage lender requires the termination of the Easement as a condition of sale or refinance. ii. Grantor intends to substantially remodel or alter the real property in a manner that precludes continued maintenance of the Public Art. iii. Grantor’s reasonable use and enjoyment of the real property is diminished due to circumstances not known to the parties at the time this Easement was granted. 5. REMOVAL OF PUBLIC ART. The City shall remove the Public Art and Artwork Base, if any, within 180 days from the termination of the Easement. Artwork not owned or leased by the City shall be returned to its owner. The Grantor shall allow the City reasonable ingress and egress to the Public Art and Artwork Base to allow removal. At any time during the term of this Easement, the City may remove the Public Art and Artwork Base from the real property if, in the sole judgment of the City, the Public Art is being excessively damaged or defaced. Restoration of any vegetation or landscaping shall be the sole responsibility of the Grantor. 4 3 6. RIGHT OF INGRESS AND EGRESS. During the term of the Easement and the removal period set forth in paragraph 5 above, the City shall have an unrestricted right of ingress and egress over and through the real property to the Easement Area for installing, maintaining, operating, removing, and exhibiting of the Public Art and Artwork Base. 7. SUCCESSORS BOUND/ASSIGNMENT. This Easement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Grantor shall not assign this agreement, or any of the obligations created hereunder, without the prior written consent of the City. 8. SEVERABILITY. If any part of this Easement shall be adjudged invalid or unenforceable, such adjudication shall not affect the validity or enforceability of this Easement as a whole or any part thereof not adjudged invalid or unenforceable. 9. NO WAIVER. No waiver of full performance shall be construed or operate as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this agreement. 10. TITLE WARRANTY. Grantor warrants to the City that Grantor holds the Easement Area by title in fee simple; that Grantor has good and lawful authority to grant the Easement rights herein provided. 11. INDEMNIFICATION. The Grantor does hereby agree to defend, hold harmless and indemnify the City, its successors and assigns, from any claim of liability or any other claim related to the Public Art or Artwork Base, or arising out of the use of the Easement described herein. 12. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior statements, representations, promises and agreements, oral or written. No addition to or change in the terms of this agreement shall be binding upon the parties unless it is expressed in a writing signed by the parties. 13. INTERPRETATION. Words and phrases used in this Easement shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this agreement. 5 4 GRANTOR: By: SIGNATURE NAME PRINTED TITLE OF AUTHORIZED SIGNER STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 2026 by , (name) as (title) of (entity). NOTARY PUBLIC CITY OF AMES, IOWA By: Attest: John A. Haila, Mayor Renee Hall, City Clerk STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 2026, by John A. Haila and Renee Hall, as Mayor and City Clerk of the City of Ames, Iowa. NOTARY PUBLIC Ames Community Preschool Center My Commission Expires: My Commission Expires: 6 LEGAL DESCRIPTION – EXHIBIT ‘A’ (Easement Area) North 6’ of the East 5’ of the West 108’ of Lot 10 in the subdivision of the West ½ of the Northeast ¼ Section 2, Township 83 North, Range 24 West of the 5th P.M., Ames, Iowa. 7