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HomeMy WebLinkAbout1999-11-22 (Special) Meeting Agenda-.•. .......... 22.1• • ---··-------·-------------------------------~---~-------.... • • •• ' . \ .. ' .. '· . 0 • .. -.---------------------~ .... .. • • -.. SPECIAL MEE TING OF CI TY CO UN CI L NOVEMBER 22, 1 999 ORDINANCES * yi, 69, 70, 71 RESOLUTIONS * fa• 101, 10 2 ... •, . ' . • • .. ,\ ... , . .. \ ' • ~ • 0 0 0 I . 0 32X - • • .. p ---. e • -' ENGLEWOOD CITY COUNCll. ENGLEWOOD, AllAPABOE COUNTY, COWRADO N-a-:U.1"' 1. CallteOner The special meeting of the Ellglewood City Council was called to Older by Mayor Bums at 7: 13 p.m. 2 ......... The UMIClllioo -givm by Mayor Bums. 3. The Pledge of Allegiance was led by Mayor Bums. 4. llallCal Council MembeB Grazulis, Gama, Bradshaw, Wolosyn, Yurcbic:k, Bumi COUDCil Member Nabbolz City Malllp Scan City Attoncy Broczu. Deputy City Oat Caltle Allillml City MmlFr F1abaty Director Simpmn. Neigbbodiood and Business Development (a) Mayor Burns advilcd lhlt the purpolC of toaigllt' s meeting was for the second reading and public COIIIIIIClll on Council Bill No . 70, 111 agrCCIIICIII and IUbleue wilh the Musewn of Outdoor Ans for space al the Englewood Civic Center. ~ ~ been a number of non-scbcduled visitors who have signed to speak. be said. 1bis is DOI an official Public I-bring. and ii was DOI noticed legally as would normally have been clone for onlinaaces, bccaUlc it was DOI nocmary wilh Ibis type of ordinance where we decided IO have a public oonunent period. be adviml. We will tar from members of the public who wish to come forward and lpCak on Ibis illUC, and we 111k lhll you confine your remarks to five minules, be said. He noted that two persons who signed up requclled 10 speak lalL Council Member Bradshaw staled that <:.ouncil received lcttcn and manos from Mr. and Mrs. Raymond Coaklin, MalaJlm Taylor, Mary Lynn Bain!, who is the Teacbcr of the Year, and Cynlhia Secor, as well as a lcaa from David Owen Tryba Arcbilects . She ~ the lcaa around from Malallm Taylor, Slaling that the lctla was rcc:eived Scptanber 20, 1999. ~ Cauaci1 members said they bad not seen some of lhe lcttcn. Aslillml Cily Manlpl' Flaba1y advilcd tbal be was tbeR to pnlellt, for Council's consideration, an onli-.:c for approval al • ..._ ...--witb the Mllleum of Ouldoor Arts . Previously, he said, Council delignated lllfllOXllllllldy 15,000 .-fed of space on tbe lleCOlld floor of the Englewoocl Civic Center for fulure aalblnl -· The ... of the Council -to K1ivale and energiu CityCenter • .. ) I • 0 • • Englewood City Council November 22, 1999 Pagel , .. G - .. Englewood and provide a unique characlcr to the development OYcr the past several months, discussions and ncgolialions ba\'C occurred bdwcen MOA and City staff, be advised, and the proposed agreement is the rmalt of lhoae joint efforts. In general, the tcnm arc as follows, he said. The spacc to be leased from the City is approximltdy 7,000 square feet on the lleCIOlld floor of the Civic Center building. The term is twca1y years. wbich is llplit up inlo • initial 1am of me years and three five-year options, he said . The City will provide to the MUleWD of Outdoor Ans. under the tams of this agrccmcnt, for the inslallation of the thirteen pamancnt piece, of an and five rollling pieces of art in the first year, a maxinwm expenditure ofSI00,000. MOA would pay the balance of any amount over the $100,000 required forthal inslallation. be aid. Thc City would COlllribule to MOA, lbrougb annual approprialion. $96.000. In addition. .-ilitics and nwi,..._,.. for the Civic ~ space ocaipicd by MOA is eslimalcd to be about $30.000, which the City would coaanllUle as an~ CXlll. be added. Another illue thal the City and staff struggled ,.ith rcpnling this agrermeat is that the TABOR Amc:nclmmr restricts the City from approprialing funds OUllidc iu genenl -1111 approprialions. MOA is planning to invest approximalely S500.000 in the build- out of the space 1h11 they would be utilizing, Mr. Flabcrty adviled. In Older for them to secure their loans nca:aary for this wort and to pnlUICt them in the long term. they ba\'C asked that the City SCI aside rCICIWd dollan over a ten year tam, which is the only way that wc can do this under T A80R. Their total cost would be amoniz.ed over a ten year period in a dccreasiDg amount, which would be clecreascd not only by the annual amorti7.alioa, but also by the $12,000 that is above the initially n,questcd $84 ,000 . he said. Mr. Flabclty said be felt that Ill of Council bad 11ee11 the propoml amorti7.alion schedule for that tcri year period. MOA would provide the following to the City, under the terms of the agrccmcrl. he amtinued. They would provide for artwort OD site that is valued in excas ofSl ,000,000. with a commercial rental value for one year in excess of S 100,000, and capital investment of approximately S500.000 for the space buikklul, including $72,000 for improvcmcnts to the aJIIIJIIOll areas, which includes a lollby and public restrooms. This is space tbal, if the City was building it out. be advilCd, wc would be building it out at a cost that would be simil.-lO MUil MOA is propoling. MOA allO 1111 apeed to P'O'* annual exhibits and CYC11U tbal would duectly beadit the City at City('.eater and wil) dDc:umeal a minimum of $50,000 mtually. MOA aimady bu a -1 opcnliog buqel in --of S 1.000,000. and the a,ntract guann1ee111111 MOA wil) IIOl fO below a S!00,000 openliDg ..... in ay given year . MOA would also provide apacial ......_... .. clilllOlllll feel to c:ilimll of f.lt&lewond. which would be established through coapcnlioll llld IICIIJCialion with the Cultunl Ans 0-,millioe MOA bas a staff of fifty full and pat lime cmployccs. they ba\'C • --of 4,000 ..... ...aly, 11111 over ~.000 annual visitors to the site will be brought lO CityCcnlcr by people ....., MOA for exllibiU. claas, events and the like, he said. Rcprclcnlalivcs from the MUleUlll of Outdoor Alts wil) give a brief' pmlClltation IOoight, he said, after which DireclOr Sillll*)II would like lO follow up with maunrats prior to the public a,mmcnt section. Cynthia Maddca Leitner, Pn:siclcul and Founding Director of the MUleUlll of Outdoor Arts, advised that MOA began iu million over cisl*en years ago . Originally, the million was to place monumcrital sculptwa tbcnwticafly into architecture and landlcape in the IOUl.bc8lt Denver area known as Greenwood Plaza, she advised. Four yarc after wc began that million, she said, wc created an award-winning cducalioa prognm with the Dmvcr mctto public ldlools. Since then, wc scrvi<lc 4,000 litUdm.s annually. which the cducalioa clircctor wil) speak more OD later. An OUldoor museum, she said, docs not have a simple definition, and all of them arc vay different. 1bac are only a handful around the world, she adviled. MOA bu the performing 1111 involved, and wbr:n WC a,mc to Englewood, she said, we will have Up ClolC and Musical, which will oominue 10 ooUaborate and do programs with us. as well as David Taylor DanCle Tbeala. We allo ex>llabontc with the Dmvcr Alt Muleum and Ill of the schools in the Denver mdro area. • well as -of the IDOUDlaio ldlools. Ms. Leitner said MOA has several programs. and the two main fOCUICI arc on the fifty-five piece DIODWIIClllal an a,llection and on education. Everything WC do involva thole two portions, llbc added. Our education program is clifl~nt. because WC use arts as a pnx::ca lO tacb aitical thinking lkills . We also IIIC the arts in a thcmalic approach. she said, so, for imulxlc, if a child is 5IUdyiog IDIIICdliag lO do with world history. wc would llfC the process of the arts, along with their 11:acb«, lO devilc a propam. and allo ba\'C it cmtcr around the a,llection or ccnain macrials, lO give the cblld I full thcnwlic expcrimcc. 'Jbat is jull ODC example of MUil WC do, she aid. Ms. Leitner lhoMd a five minute film of-of the ICUlpblle prdcns around the counuy, of which MOA is a put She aid dlll all of the ICUlplurc pnlcm WCR vay divenc. 1bac arc probably only five • ) I . 0 ...... • • Englewood City c.ouncil NoYember 22. 1999 Page) ' ,, ,,-. e G - .. ... sculp(Ure prdcns in addition to the ones that were on the film, she advised, and all are suppol1Cd by the cities and COUlllies and the people and the ans orpniDlioas wbcR they reside. Thal is impcntivc for the survival al the 1111 in gencnl. she opined, DO( just OUldoor 1111. She said she would like to express. on behalf al the MIIICUIII al Outdoor Ans, that they are w:ry excited about c:omiDg to Englewood. We will have our bcldq1mta's here, she said, and will bring people here by virtue al having the an and the performing 111111 pan al the CityCenter. We look fonlWd to the partnenbip with Englewood. she concluded. Jennifer Porter, Director alFd11cmim, aid the educalion prog1U1 bas grown from mracting ncarty I so studcllll to ewer 4,000 tbM actively pllticipllc in ci-and progrmm during the year . The education program is bucd oa our public ICUlpbft collcc:tioa, she said, and coosists of many different entities. We offer claacs from IOU tbroup adults, tbemllic cxplor-.ions to public: schools from throughout the Denver metro arca, and wc ofJcr public 111111'1, llhe adrilcd. 1be IIJalgdl o(the prog,am, and what makes it unique in the eyes or artists and the .-..i pm,lic, llhe said, is that, illlfCad or merely teaching plinling. drawing. sculp(Ure and bukd ~ WC loc* ll aaltures, tbma, lilcncy, science, malh and investigate the crcalivc pn,ca1, dlcnby aalil!c 111-'t a lclrning an difrcrcDt kinds oe disciplines . Instead or teacbing. llnipl out, a teclllliquc, c:llildlal and adults arc using tbcir imagioatioos to problem solve . This crcates a more dyDaDic wurt force in the end, and that is what wc are bringing to Englewood. she said, and inspiring a aew FDCflbOll. Ma. Porter aid llhe would be showing a sbon video oa MOA 's Design and Build l'ropml, wllicla ii ia ill llila year. May or our~ and IICbool prognum are based on some of the IUalglbs oC the Daip ad Bllild ...,._, llhe added. It is OD the level or a professional public an compditioa for bigll ldlools 6-all OYCr C41orado. We have goac from Colorado Springs, she said. to Loveland and inlo die---· SMrida Higb Scbool, last year, WIS our farthest away to actually "i n a site. 'l1lme hip ICllools arc iavited to prupoac a Cl'ellivc sculptural clcmcnt on ooc o( seven sites. a couple of wllicla arc ill.,.._. Dmwer, m arc ill Cnmwood Plua, where wc arc DOW, and in 200 I wc would really love to bavc p....,_ • a lllinl lile, a aid. Last year, for instance, over forty cliffercnl groups al ...... lllbd to be 1111m ICl'ioully to awmd them a $500 llipeod to crca1e a public monument oa ooc al lllele ----11lelc aodds and prapcmls p, into• much detail• where are wc going to buy the wood, bow -at ii il FUii to Cllll, ad 1l'llll arc the mcc:banics involwd in erecting something tbM is p,iag to be mabilc . 11ac arc dllll pn:lcaioaally judpd by perhaps a landscape architect, a laalplor. or MOA '1 pnlidml. ad wllll it -down to ii puup1 o( high school students are chosen to put up a public ICUlpllR for six Meb. Ma . Porter said that, nil ends up bappming. is SOIIIClhing that oaly the ans proce11 can bring out. 1bcle kids arc learning 11111h lkills, a,mmunication skills, they have to get along and they bavc to pn,blrm IDM very qualy. If IOO!dbing does DO( go rigbl, they immediately bavc to think al andhing new . We will 1-' from -who bas been immediately involved in wau:bing the lbldc:nts over the years, lhc llid. She opined tbal the best thing they get out of it may not be the w:ry cad product lhM people w, but the cxpaicnoe 1h11 it toot over the wccb and months and late nigbll al putting UDdbing together through tcamwcn . T'bolc inladisciplinaly, integrated types of cxpa icnccs arc really 1l'llll our educlbon propm1 ii all about. The video shows the process in action, she said, asking Council to note tbll they are ind!1• ni1acly worting. while collabonlivcly wodtlng. Council, she oblerved, wudtl the amc way, Ibis is jlllt a little IIIOIC pa-.ml and is very empowering to them It is grcal to have them cxprea a lite llpClcific, pabapl a site in Englcwood. what they think of it, and then have • dialogue after tbaL At Ibis poinl. Ma. Port« lhoMd the video. Rodney Lonlinc, o( the MUlmm o( Ouldoor Ans, said Ibis partnrnbip bas been worked on since 1996. Thal is CJYcr tbfte years al womng OD Ibis rdaliombip and geaing to a point. because or a lot of bard work from c.ouncil mcmbcrl, Englewood citiz.cns and the art oouncil, and we have it to a poilll where wc have cn:alCd IOP!dhing special. It will be a w:ry good, integral pan al the City fabric and or the success of the CityCcnlcr, and wc are in a position wbcR it is a will-win lilulliOD. He thanked cvcryonc for all the bard work and said wc arc at a poim DOW wbcrc lie feels p,d about Finl forward. Mayor Burns said Council bas asked the llllllr:WII to provide ~ for Englewood Sludents . There bas been -CIOIICICIU 15 to wbctbcr the lludcnts aJUld afford them, be said, and wbctbcr they would be availlblc for Englewood kids and if they would rcccivc the benefit al them. He asked Mr. Louline to ' ' ) I • 0 • • Engle,wod City Council ~22,1999 Pqe4 ,,-. - .. ~ dlll. Mr. Loalinc Slid they have loobd at a lot of differmt lhings, and wllal they want to happen is ~ We .-the c:itmm 1111d childrcD to paticipllc. and it is really about the education . We have 1101 llad die bcadit of sitting down with die art CCUK:il yet to flush lbclc things out, he said. We do not .-to jull do a di&OUDt program, or a,upcm. It Im to be _.....bing thal is panicipatory and easy for them to paticipllc in. We have loobd ll cverytlling 6ml after ldlool claslcs. thal would be either fnle or a very llll&ll llipcnd, maybe jull the aJll of the aupplic&. lhll aay citmo of Englewood c;ould sign up for . eilhcr after ldlool or oa Salurday. It really Im to be IOffldbi• lbll is affordable, beneficial, cnpging and easy to take .... of. Suzcac E--. of David Tryba 's office, Slid 111c -praenl this evening to speak for Mr. Tl)''ba. who -Ulllblc to IIIIClld. He sends bis repm. Ille aid. cxpllini• 11111 he bad gone to Michipn for 1'ballugiving. She Slid 111c would like to rad Mr. Tryba's lcaer aloud, adding that she has a plan showing die placcmclll of the art that she and Ms. Lcilllcr bave lookod a. Tbis is not saying this is where it must be. but wc fed very strongly lboul -or tllae loc:alioas. 111c said, and we feel this will be a fabulous addition.. She rad Mr. Tryba's lcacrdaled NoYcmbcr 19, 1999 : ~Council Mcmbcn, Unfortunately, due to family Tbamsgiving vacalioa plas OU1 of IIIIIC, I am not able to ancnd the Englewood City Council meeting oa Monday, November 221111 to ~ relate my strong support towards the incorporation of the MOA into CityC.cntcr. 'lberdoR, I would like to COllllllllllicalc to you, in writing, the vital importance of the inclusion of the Mllll:WII ofOuldoor Ans in die CityC.cntcrEnglcwood. The MOA's integration into the CityCcntcr goes well beyond their CIOllllibulioas of the physical sculprurc. They will bring to Eoglcwood a clcdicalion to cducalioa, to an, and to dMnity in the landscape. They will promote and l!Tffllt!IIC the activity that will bdp to cldinc CilyCcalcr Englewood. The tbouglmidly located outdoor sculpmrcs will pn,vidc places for poaplc to l*IIC for a aJDvcralioo or sack lunch together, as well as adding intcrat to the dlly.fO.day pedclUia/ClOBlllllller cxpcricacc. I fed lhll the inclusion of the MOA into tbc CityCcala" is oac lhll lllould IIOI be takai lipdy. I"-do not pass up this fantastic opportunity . Sinc:ady, David Tryba." Ma. Emcmm aid Miil lbcy really feel li1l'Ollgly about is that the sculprurcs are going to ICX'A'dlwc the ardlila:luR and die CIMIWIClll. They do not jull become pieces on their own, out lhcrc for poaplc to look a. They acblllly become pat of it, they bclp form the spaces, and the exterior spaces, bocaullc of lbclc pieces of an, will become inore active and will give people a place to go . Ms. Ema-. aid tbc ICUlplurcs will aid in acaling synergy, wbicb WC need along witb retail and CllfCl1ainmmt. Some of tbc a:ulplurc will be moving. rewlving, not only pbysically, but as they bring new pieces in and out. If you look al the two IJCts of pieces we have al each end of Englewood Parkway, we have a pair of clogs and a pair of lions, and they bcoomc an:bitectwal gaacway clements, she said. We have motion and activity cralcd through the W~ wbicb would be located al the Clllry to the drop olffor tbc kiss and ride. We arc looking al placing the two tnpcmids near the stage, she said, in the a:ntcr of the ampbithcaacr. The lilllc pieces, the bear, for inslancc, we arc looking al placing in some landscape near a tree:, more of an uncxpcctcd pleasure, she said. One of the more positive things is it docs encourage pedestrian interaction. We have the Pon:dlino, she advilcd, wbicb is a lilllc pig, famous in Aorcncc for pcoplc to drop a coin off of its 1101C for good luck. We have a few other pieces, like The Fence, for inltancc, wbicb would be localed in the area bctwecn the drop off and the bridge. and that is a highly attractive piccc. It becomes alDllllil a playground, and that is _.....bing that we arc desperately wanting here, is a place of cntcr1ainmall for kids. That piece is multiple lfODC columns tbaa arc like people that you can walk in and out of, she aid. Ms . Emcr-.. llid she really jull wanlcd to voice tbcir cxcitcmcnt. She said she met witb Ms. Lciblcr about a year and a half ago, and -jull in awe of the opportunity she was prc8enling. Ms. ~ llrClml tbaa she boped c.ouncil would vote yes . Mayor Bumi uked about the Red Grooms piccc . Ms . EmcrDI aid they arc looking al placing tbaa near the briqc. It will be very ~ and kind of plays off the briqc, she explained. It is called Brooklyn BriclF and we arc looking al placing that .., oa a pc,dalal III you can get views from it in all diffcrc.- diffl:tioas. It bas a lot bal1Pffli .. and is a very exciting piece. she said. Mayor Bumi asked if it is right next to the light rail llap, to wbicb Ms. Emcram rapondcd affirumivdy. Director Simpll)II. Ncigbbomood and ~ Development, aid be would like to speak regarding the Mllll:WII of Outdoor Anl rdalionlbip to die City of Eag1cwood. He aid it w • important issue for him, • .. ) I . 0 • • ' -. Englewood City Council November' 22, 1999 Pages I· .. • • - and felt it WIS an important issue for Englewood. The City bepn di8CUllions with the Museum of Outdoor Arts about three years ago, be llid. Where dais QOIMllllioa bepn and wbae it is -ending up is really sipificana for CityCcnter Englewood. Mr. Simploa aid CityCclllcr his been praniled on 10111C very important public ol,jec:livel. One oftbolc that be felt-ftllfilled in pat by having MOA IS pan oftbis project. is dlll of cn:lling a unique and spc,cial place. Some of oar C.cuicil IIIClllbcB might term it a people drop, and dlll is wbll Ibis agreemm begins to this projoct. It is about Englewood, and aealing that unique -of place. Wllll -do with the project reaDy begilll 10 idmil)' ••• COIIIIIIUllity. be said, and set the i-,e and a..e for wbo -are in the grllllCr llllllrO-. Ciadlnlla City -a very exciting lq.iMin& ad, be opined, wbae -go with tbis pn,ject will nlllly .. the tone for our future, and we have to C08lidel' all tllae elemeall. Comnwiticl are aftal idmlified by their cultural institutions. If you think locally,.._ yoa dlillk of Anada, you think of the Arvada C-, and MICII you think of Littleton. you nay tllillk of the Lialebl TOMI Hall Arts ea.er, lie aid. lfyoa think of Denver. the recent election pwd die e z • 1111 of die Dmwr An ~ lie added. Our lllllewlopment efforts on CityCenter are ailo lbout c:nllilll idelay, iaaF and place. We luM boal talmg for the last -,al years about Cftllliag a place for faailica to pdlcr, a place to pl coffee and a book al the library. a place for parades ad coa:erll 10 take place, a place to caD llome. ad a place to buy a new shirt or a dress. Today, we can say widt oar Civic C.-bui2dilll Mil taler CXIIIIIIIIC8011, and M IR moving towards a new civic ,._ ill tire pn,ject. dlll tbis is a really pCllitive dliDg. We are p,ing to have a new library, we are going to lie cloliltl CIII tire Wai-Malt tbis Friday. ad .... ii exciting becalm it will be • new place to shop in ~ lie aid. We luM a lol ofpolitMI, blll -aice aew retail is going to be good for us, too . Mr. ~ opilled dlll m exciting pat of tbis pn,ject ii the Civic Center Plll7A It is pretty rare that cities llep fonnnl ad~ a aew pat or public place, ad Ibis new pm.a will become a real community pdlCrias placc. Wllll die MOA docs for 111, ii it gives'** IO the City and the community by providing IClliplm'c 10 lldp funul tbis aew public plaa. be said, and it._ our community by providing arts ........., cxllillils ad perb-for botll our cilikRa and our adults . Finally, be said, it helps aeate a pai--., widl Eapwood 10 llnllglbca our imalc and idelay within the gram mctropOlitan area. Ci ty Cwi2 Z.. for die ... --1 :,an. lllken -znay o,11111 rti,,g, sipificaat steps, many of which have boal ..-..erlial, be aid. All of them MYC been foalled CID a beacr quality of life here in Englewood for its alUlelll. Mr. Simplllll aid, to-· few ofdlem, .... dly lailClr and pawn shops WIS really a big time fipl, but when -are clone. we look • our aeigllboltloodl and -are llnJDga for il We recently lad tbis p'Clllp ilome iale, and lilll lilauld lie a reaDy 111C11111ep IDWUdl impoving our neigbbomoods. We worked CID the 7.ipa propcny, and aid ao 10 ......,hing dlll -going to be offensive to this CXlllllllllllity, and decided to cxpad our pab. 1bme are all cxcdlenl examples of difficult but important aihwem r•• to our quality of life. Eada of thele dfortl Z. nlllly coatnbuted to Englewood in tangible ways and inlangible ways, things dlll we can 11111 aa:alllily quamify but have brought a lol back to the coammnity. Mr. Simpaon aid be felt the MOA is one ofthClllr elements that will give back to the CXIIIIIDllllity, both lallgibly and illlaDgibly, ad, u it rdaitla to this CityCentc:r project, it is an important element to cxmida' • an advancemaitl to the quality of life and ecoaomic vitality of this community . TU111iag to the lilt ol thClllr who signed up to speak, Mayor Burns ubd that they confine their remaits to five miDulcl or lell . Pam Slarct, • art tcacba' al South High School. aid she is very aware olCouncil's commitment to anodlcr pn,ject ill whic:b lbldcDtl build a home . She aid she ii paldid to the Museum of Outdoor Arts for their llnlal leadamip role ia the arts. The MIIICWII of Outdoor Arts llcppcd up to the plate with Cllitlll ww!i• cxlllibill, pn,paa for young people year round, and ii the ilome for the scbolastic: art contest for the Sllle of c.olondo. Aalonling to naliCNal 211 c 11 TCJitll of lbldcDtl in 1997, she said, thole who have art pn111am and_.. exhibits and 111U1eU1111 do beacr in IICllool, have higher grade averages and make bigba' tell -· Ma. Slartk said, for the ... six years. ber lludalts have been inwlved in the Design and Build c.o..pctilioll, .,.._. by the-. 'Ibis is a real world opportunity in which studelitlS get the c:aace 10 wrile a pnipcml and build a model for pul,lic UL The IIIUICUlll provides extraordinary IN· r · cal -2plol'I to Sldp with tbis pnrm. Se-. pnlpOISll are lldcctcd. The m111CU111 then gives SSOO to build the art. wbic:11, she aid, is one 1binl of ber budpt. 'l1lil ii exbandy exciting to be involved in, ad Ilic llid Ilic is an dlll is tnre of teaciler'I ia Englc'll'ood. SCUdarll tben build a lculpture, meet •, ) I • 0 • • -. Englewood City Council November 22, 1999 Page6 .. ,,,-. g - • " deadlines, keep a budget, 111d have cnhanocd intaac:tion 111d IC8Jnwork. It fosters creative and indcpcndcnt thinking. sbe said, bard work and long hours. The aJlllal is the only one of its kind in the nation. and studcms get a lot of problem IIOlving skills. She showed a model of her studems' project .. After they built this, it weighed over 500 pounds, sbe said, 111d we bad to IIIO\'C it. So they had to figure out how to build somedling, lake it apan, and rdluild it in two clays . So this is problem solving • its best. she said. adding lhal she bas bad SIUdcnts who are now seniors• C.U . in their arc:bitcaurc propam. She said she credits the Design and Build Competition for their finl true project. The Muleum of Outdoor Ans teaches cbildrm and all of us that Dill all problems have a lia,le IOlutioa, and the imponanc,e of imagination and thinking. They me a model to push IIUdau to become actM leamers. sbe said. They push for high levels of~ and, in all they do in the COIIIIDIIDity , they have the courage of their a,mictions. They are a winning tam and the Englewood community and its c:bilcftn will benefit. sbe concluded. Mak:olm Taylor said be is the oldat EngJewoodite in the room . He said he has -ached the City of Englewood, and is proud or the City . He said be can remember the tent houses and the bascme .. houses. Art is pat, be said, and be bas -Indian llicroglypllics Mesa Verde, the Gooecnccb of the San Juan. and be and another fellow found a tool lllCd by prdlillOric people, idemical to the one pictured in the clictionmy . At one time, we had Tuilc:ries Plrt. and tbal is why the tramway came 10 Englewood. What I am trying to say ii Ibis is all pat, bul bow aR M going to financ:c all of this. be asked. Being a prospect or at one time, grubllaking. if I ~ Dlldhing, I will do wilhout it until I get the money to purcllasc it , he said. He said be dilCOYCl'cd be allo Im an. He sbowcd the audience a white picoc of paper. whic h he said was his dcpictioa of swam eating nalbmallows in a SDOWSlorm . Bill Clayton. 9S8 E. ComeU AVCDUC, aid MOA bas done a fine job tonight wilh the two "i deos. lalking about IClllplure prdens, and bigb ICbool projects . He said be likes sculptw'C, and has seen it all over the world. It is impaliw, ad for a-. be ahnoll tbougbl we bad a 9,000 ain sculpture gardc:n here, but we do Dill. How can anyone oppoee an and beauty and the opportunity to teach our children critical thinking. be albd. Maybe one of tllole c:rilical dlinting skills is to ask ourselves the question why do we want to spomor Ibis o,pniiatioiL He said be can Dill make the coancc:tion between sculpture prden and the Foley's building ICCOlld floor . He said be bas DOl lCCII a clear disclosure of the CXISIS. the maintenance and the iailities, the janitorial mvica or the forty pmting spaces. He said be does Dill lail:M· how much parting spaccs COIi. be g.-ed they arc about S4,000 to SI0,000 a space, which comes out to about half a million dollars . In a ni.aiay year agreement, is this two million or five million, be asked. How much docs this C05l us? ls this Dill one al thole critical skills we ought to use to determine the C05l so then wc can look II tbc bendilS? He said be listmod cardully toaigbl, 111d does Dill see a clearly described list of what the bendill AR. 'J'berc -vague promises ol wbal we arc going to get back, and what people are going to spend. One brochun: e\'CII says botcl ~nuc, but we don't have a boccl. It says wc are going to get back a lot of-, and I just do Dill see bow we are going to do that, be said. Mr. Clayton said he has noc -uy aurvcy or poll that says Englewood residents want or need these services. He said he likes IClllplure ad tbillks a:ulptun: belongs • CityCenta, but it docs not seem like this is the way to do it. He said be bas lalbd to frimds and bas Dill found lll)'OIIC who does Dill question why lhat much money is being llpClll for this purpolC. He said the City should coaceatlalC on getting CityCcnter open wilh stores 10 gencra1e sales tax m'CDUCS to pay for this expcDSM City Hall, and adopt the word frugal as a model until CityC.eotcr is actually producing m'Clluc. Every time I bear Bob Silllp&OII speak, be gives me another dale lhal Wal-Mart is going to sip a CODlraCI, be said. We have been listening to dales for a year, be said, asacning that be hopes they sign, becaUlc be would really like to ICC Wal-Mart get open. He said he would alao like to 10C mmc llores, ID we are Dill doing our Cbrisbnas shopping• Southwest Plaza again. Frankly, be said, tbc City ought to COIICCllb'llc OD tbc ICIViocs we need and want in Englewood that are lnlditional City aervic:es until we get mmc l'e\'enUC to embak m this type of project . If wc have too much moaey after we pay tbc .-ry ICIVices, I would like a laX CUI, be said, ID I could lake my money and spend it OD tbc ailtural activities tbal I cboolc, Dill the ones tbal tbc C ity decides I need, and uses laX moaey to pay for it. Selwyn Hewia. aid be bas relidcd at 4915 Soutb Parl Slnlet since 1953 . He said be has been a taxpaying, pa1iciplliDg citizen al this community for forty-six years. A number ol years ago, the Greater Englewood • • .. ) I · • • .. ,~------------------------------ Englewood City Council No\'ember 22, 1999 Pagc7 ,. 0 - Chamber of Commerce had a cultural ans committee that was formed to explore what we could do rclali\'c to adtural ans in the City of Englewood. Some of the people who currcndy arc serving on the Cultural Arts Commission WCl'C mcmbcn of tbal commiuec . Al least lllftlc years ago, he said, he and former Council member Habenichl, Mayor Bums. Dr. Jess Girardi, an:bitcct Don Marshall Bob Simpson and An Scibclli from the City Slaff, and some others. met to cxplorc the possibility of incorporaling performing ans or some other adtural facilities in the tbeo«ginnillg planning for Cinderella City redevelopment. and the prcscrvalion of the Foley's building. The predominanl rcacuon tbal wc got from members of Council and staff' at that time. be r-1led, was that such facilities would DOI support thcmsclvcs . We all know that. as adtural 11111 facililica ICldom support tbamclves. But the aaitudc by those people at that time was thal subsidy by the Qty was totally out of the qucllioll. He said, in ligbl of what wc arc looking at tonight. my bow things have changed. Secoodly, he reminded Council that he is a part of the largest performing ans organizatioo founded and opcrad in Englewood with a forty-six year presence in this community. so he is DOI without ilUrell in the ans. He said he should have prd'aad all his remarks by saying that he comes here with a mixed message tonight He said he bas worked with a number of the people sitting in this room, and bas enjoyed what be hopes is a continuing friendship after this cvcning. He said he is gratified tbal Council and members of City staff' have finally embraced some recognition of the ans for our community. He said he feels tbcrc arc some problems "1th what bas been proposed. but now comes a million dollar ghaway. The MOA propoal lhll-rcsubmiaed in May 1999 was discussed in Council Study Session on July 6 , 1999. There bas bcco no public dialogue on this issue except with a limited audimce at latil summer's ICIII talk meeting. The Council member in my district, he said. has DOI convened any COllllllllllity forum to clisc:uss or promote the MOA ~ or to lcam of the residents' reaction, p1aemacc:s or approval tberdo. 111111)' be approprille • Ibis time to remind the members of Council that they have a fiducialy responsibility to the citiz.cns they were clcc:led to rcpreacd. be said. I have read every word of this thing. he said, and I -familiar with IIIOII of the provisions that were proposed by MOA tbrougb Marilee UUcr and tbal orpnizatiolL Al ODC point in 1996, ii Ml rcconuncndcd by the Cultural Arts C-millioo and approw,d by Council. but tbcn Mr. Lolllinc cbolc to withdnw it for some funhcr 5lUdy and resubmitted it in 1999. Some of the provisions tbat Mr. Hewitt fdt nccdcd attention, and these an: just things to ponder, DOI to respond to now , he said, but tint. it -tbal the Qty is DOI adequate!)· iDdcmaificd agaiml lows crated thruugb failUR fl MOA to perform the requiJemcllls fl the COdJ'aCI or rcstoralion fl the demilcd facilities in the ~, fl dcplrturc. Sccoad, there is no clear indication. he said. tbal MOA will vacate Harlequin Pla7.a and locale all fl its progiams. exhibits and cducaiona1 offerings at CityCcnter. Ma)'bc it MS -intendal tbal they should, he said, but that ought to be a condition of what we arc offering . Also, the much heralded benefits for Englewood citiz.cns arc DOI specifically identified and fflq1lin,d by the language fl the contract or agrccmcnt The Cultural Arts Commission, he felt . should dcvclop the dcsiml benefits in detail and include them in the contract before it is submitted for sagnalurc , rather than allowing ncgotialions to take place after MOA bas the agrccmcot in hand and they can prc11y much do what they wish. Fourth, the conditions for raicwal of the contract arc DOI spccificd. In the City contributions lilled in the agrecmcnt as it l1ands, the annual rent is liSled as one dollar for an estimated $30,000 value, or a ralc fl four dollan per square foot . What is the mmtct value of 7 ,SOO square feet in plimc space. be asbd. Commercial real cstalc profcuiooals suggest tbal it should be between ten dollars and fifty clollan a lqUl'C foot . Using the least of tbClc valuca, ten dollan, the value of the space being given to MOA is at least $7S,OOO, DOI $30,000, be aucrtcd. The annual operating costs have increased from $84;000 to $96,000 since the ... prupoal MS made . If you add up tbcsc changes. they bring the value flthisagrccmmt to $201,000 per year, orSI,500,000 for the five year tam of the agreement, he said. DoCln 't that ICll'C you a little bit, be asked. In answer to the question where will the money come from to fund tbcae COIII, • one point. 1Wbm it -being aJlllidcred • the July, 1999 meeting, Council or staff' said the City pl.-to fund its shn fl the cultural ans p1acnce through sales tax generated from CityCadcr Englewood bucd on current ~uc projections. No new taxes arc planned to help pay for atyCcatcr's adtural ans amenities. Do wc have a uplus in the budget. be asbd. Arc we counting chicllcu that have DOI hlldled Mien wc say that wc will pay for tbcsc amenities from funds to be derived from alel tax reYmUCS -icipMed from Wal-Man and other nilail outlcu yet to a>mc, he asked. In aJDCIUlion. Mr. Hewitt said it is bis politioa that the si7.c and ICOpC of this proposal is so vast, that it c1e1cna, miuira. maybe cvca clcmmds approval by the resident taxpayers, the people Council allegedly rcprclCIII. he said. • ) I • - • • Englewood City Council November 22, 1999 Pagc8 ,,.. . 0 - .. Keadn Glazulis, 4-489 Soulh Lincoln Strec:t, aid llbe Im med in EogleM,od all of her life, which is almost fifteen years . As III Englewood IIUdcm, llbe aid llbe is ~ excited about the classes 1hal arc going to be offered. She said llbe likes to chaUcqc ~ 11111 througb dac claacs, she IICCS another challenge to conquer tblt will broaden la lCOpC on life. TheR is more lblff' OUI tbcR, llbe said. than just what she has k-.. lO far. 1bcle ICulp(Ula will give a uaique tallC of claa to our wondclfu1 city, she said, adding that she hopes tblt ~ she can raiac la c:ml*m in tbis city through the school systems and hopefully through the WOllderful aillunl ans tllll will be coming into tbc city. Chuck HabcniclJI, 51' West Tufts Avenue, aid the Scicnlific and Cultural Facilities District, which galhers taxes from all ofus tbrougbout the area. not only Englewood, supports various groups . Among them arc the Arapahoe Pbilharmonic:, which will gd about $40,000 worth of SCFD Tier 1brcc funds. Almost all of their programming is IDOYillg IOUlh of bcR, be aid. Tbc Mlllr:UIII of Outdoor Ans gets $70 ,000, and their programming will be here . Their mnal pn,pmuning budgcc of over S500,000 will bring jobs and daily activity to our site, be said. They ba\'C energy and cliscrctioaary dollars to spend at our stores and ~-They ba\'C pratigc, they ba\'C won state and national awards, they cater to children and have adult clasles, be said. Mr. HabcnicN said be tbinks tbc Arapahoe Pbilbarmonic is worting to cli\'Cfl programming fw1hcr and further from Englewood. They were not able to involve thcmsclw:s in the Foley building, a cultural c,cntcr tbal they wanted. Now, be said. they arc uying to block the Museum of Outdoor Ans from coming to Enpcwood, by their efforts to do a big. pie in the sky c:oncert ball rating 2,000 people, and take our tu dollars, the MOA money, with them. We have a rcsoun:c partner willing to bring ~ valuable llllds into our community. Let 's be pannen, be urgc,d, and wort with them. no( against them. Ray Toma-,, 2998 Saudi Bamoc:k Stred, said be Im 10111C bullet poinls. We were talking about grubllak.cs earlier, 11111 wliat we ba\'C here is a gnibllakc in our fubft. In the Nation's Cities Weekly, he said, wllic:b came out October 5, 1998, page 9, it ays "thc ans-like-is pllllUd in our a,mmunity. Willi miDilml a1ta11io11. the -11 will grow, bul wilb IIUllllrilll, they will grow and bear fruit for the '11ilole aJIIIIIIUllity." 11lis -• quolC by Midlad ~. r-praidmt of the Nalioml Aalcialion of Coualics, be lldviaed. Tbc aticlc aJllbllUCI, be n:ad, Madtural and ans propam baYc provided local pernmau with IOluticm to IOCial, economic and educ:llioa problems. In. Ibid)' conducted by the Americ:aal for tbc Ana, acaac:hen fCJUDd tllll die w aaraa .aidems 11111 tourillS, MIii allo suppon adjacenl busin , IIICb • ~ lodging. mail and patiDg. Ans pramcc allO enhances PfOPClt)' valUCI, the prafitability of IUfflJlalillg ._ and die tu '-5 of tbc rqion. Tbc arts attnct a well- educated MIik force, a key incenlM to new and ldocalillg t-Ns'z c . " Mr. Tommo also read from the impact 11a1ema11 from Cdcbnle Cokndo Ailisls, pa,c 2, "the oducalioaal impact accoading to the Prinodall Fde!C#ioo TClling Services, studcab of art ouq,crform their --an peers oo scholastic aSICfSIIICII! ICllS, scoring fifty-nine or mon: points higher oa the verbal ICClion, and forty.four or more points higher on maah. Sludcnts involved in lcamiag 10 read through the arts progtam in New York City impowd M a--,c of OIIC to two moadls in aeadiag for cacb month they panicipMed in the project. At risk studms lboMd similar propal and bad inc:nlaed lllemKlll apallS and OIORI interest in school in general. Elcmmlaay IICbool studcnts in the Spectra An Propam in Ohio SClOl'Cd better in reading, vocabulaay, iQding comprdlcnsioo and mMh than --an lludcnts. Total crcaliw: mcasurcmcnts were also four times bigla. A Rbodc Island study showed tbc first and ICICOlld graders involved in music and visual an prog,u. clcmoulnml improved altitudes toward lcamillg and outllQored non-an students in reading and 11111h." Mr. Tomaa> opincd tllll we arc imuting in die fuluR of Englewood, the citizens and the makeup of tbc ClOIIIIDunity, not just what you are looking at on the table. It is that grubstake in the future , it is tbal while piece of paper. It is a miDimali• 11a1emcnt right now, but. if you invest in it. there will be something OIi that paper. Micbacl HebcrliDg aid be would like to praeat the penpectivc of a youth member of the Cultural Ans Commislion. He said be bid the opponunity to aaead tbc Mlllcum of Ouldcxw Ans wbcu he was younger as a studCIII, wbicb is a penpectivc that no one cllC in tbis aoom Im bid. He said be CXlllld personally attest • ) I • 0 • • -. Englewood City Council November 22, 1999 Page9 • ;-. • • - .. ,. .. "' to IOIIIC of the beadill be cxperienccd when be went through that program . He said it is priceless and you can DOI pa a price OIi the bcocfill m the cducaliooal programs they provide. ROIIClllal)' LaPor1a, 3422 South Broadway, said she bas been in business in Englewood for twcnty-thn:c years, 111d ~ Englewood. Her inlcrcsts havc IOlcly been in the bcucnncnt of this community, she said. and she rq,rams the Cultural Arts Commission, she is a member m the Board of the Englewood DownlawD ~opmcnl Authority, and saves on the Englewood Historical Society Board. There are acvaai orpainficvw, she said, who arc mdoning the MIIICWD m Outdoor Ans, including those just IDCDlioMd, • -11 • the Englewood Chamber mCommcn::e. We, as a business community, arc very inta'cltCd in the fulurc and wsy plcalCld with wbal City Council bas done thus far with CityCcntcr. she said. We arc looking fonnnl to IOIDC pat tbinp in the future. Do DOI think for a minute tbal we , in the business COIIIIIIUllity, arc DOI MICbing with baled breath, she c:autiooed, as to what the City Council is going to do in all aapect1 m the fulurc m the City. She said she bas friends who have really looked do\\11 upon this Clllllnmily, aDCI said, llecaalc mthe dcmognpbics, wc can't go anywhere . There arc a great many things tbll wc • a~ can do, she said, adding tbal she hopes and prays that this City Council can -the wsy profitable alpCICtl m having the MIIICWD of Outdoor Arts in our community . Becaillc she m bocn in tbc ans field for the last twenty-three years, she said she can really appreciate the MIIICWD m Outdoor Arll llld wbal they havc donc . She said she bas watched them and bas been awcsuickcn by their abilities aDCI "-1ec!F, They will be bringing us so much prestige and so much visibility, jull having them lae aDCI having the ICUlptura bcrc. It is going ID change our city much faster than wc as a a,mmillioa could poaibly do. It would take us the next twenty years to do what they have done, she said, and they arc briDgiDg it ID us. RcprdiDg what Mr. Clayton said about being frugal , it reall y docs DOI -being chap, it -llliag all mthe availlblc l'CIDW'ceS we havc. Ms . LaPona said she feds that. • a aiaummity, we lilllYC a pat may -· Bringing in the MWICWII of Outdoor Arts is going far beyond our --'Y ad _. city limits . She said Ille bites lillelling to comments about our drmognpllicl, llecaalc dill ca dlaltF, look Mil lllppemi to Laimcr Square . We have some ll'allClldous opponWlilicl lllR, Ille llid. 8-ol dlcir pralaliooalilln, they arc going to bring a powerful force to our comauaity, ad. by prvridillc a llomc for MOA, wc arc going to attract benefits or other arts o,pail#icw tbraup a,apenlivc dl'0111 . For inltwle. Up Che and Musical , Colorado Symphony, Deina' Art M-. ad nay, may-· As far• whctb« our childrm would be able to afford flit they bring to_. cc 'tj, dlCl'c arc -~ funds provided to us by the SCFD , and lludem ICholanllipl arc IIYailalllc for MOA ~ Ille adviaDd. Wblt tbcy arc bringing us goes far beyond->', Ille aid, ad Clllrcatod Couacil to~ for MOA being a part of our organiDtion. The citizals coasi..,...ly lilllYC IIIUd for a people cnw, ad wbal a tlallClldollS people draw MOA would be . They ftllllld a fOWII caler, tbcy arc ,ming a fOWII celller, Ille aid. They wanted &bopping. they arc going to ,ct llloppilll, aDCI tbcy wa.-culbnl facililia. 1bis can be overwbcbning for us, she concluded. Please vote in fawr m it. Eric Bcnohmi, 4860 Soudl Olllpap S1n1ct, said cwsy IUCICCllful orpnu.ation is driven by a dynamic visioaary. 1a t11e ...... m Olrldoor' Ans, tbll ~ is Cynthia Madden Leitner, 11c said. and the high ~ CDjoyed by MOA dlroupoul tbc llllioa can be directly altribufcd to her knowledge, love of art, and her plllicJII for asicllirtg liYel tbrougb an. Wbcll inquiring about the beadill available to Englewood b y having MOA loclllod in CityCcntcr, wc IICled not look f'urtbcr tmn the museum's rich hislOry of accomplisha!cwU In 10 doiDg. be said, wbal I &ec is the trcmcadous potential that Ms. Leitner, Mr. Lonlinc and the -will bring to Eoglcwood. They have the ability to cnligbtm, inspire and cncrgiu the a,mDNmity, ad that is the ultinlltc tn:amrc the City's illVCIIIDCIII will produce. Mr. Bcrtoluzzi said be was loaking fonnnl with great lllllicipalioa to enjoying and paniciplling in the aeativc endeavors of MOA as it OOlllributca cnonnously to our city's rcnaillNP'. 6. .......Aplla (a) • ., ~ ... ' ) I· 0 • • -. Englewood City Council November 22, 1999 Page 10 ,. /'. e - .. COUNCll. MEMBER GllAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (i) ON SECOND HADING. (i) ORDINANCE NO. 68, SERIES OF 1999 (C-'OUNCil.. Bll..L NO. 70, INI'RODUCED BY COUNCil.. MEMBER GRAZULIS) AN ORDINANCE AU11IORJZING 11IE ACCEPTANCE OF AN AGREEMENT AND SUBLEASE BETWEEN 1HE MUSEUM OF OUIDOOll ARTS (MOA). 1HE ENGLEWOOD ENVIRONMENT AL FOUNDATION. INC. (EEF) AND 11IE CITY OF ENGLEWOOD. COLORADO (CITY). Council Member Bradllla,w said _..,,ima:, u an elecled official, it is really difficult when you know what you need to do to railC die i. of your axnmuaity, and yet you also know that you were elected to rq,raent your cililms . She said previously, sbe voted for or apinsl things because that is what the citizens wanted her to do. In 1his cue, she aid, it is overwhelming and she neats to vote for this because she feds 1his is an opportunity that Englewood will sorely miss if wc do not pass it Council Member Garrett said be tried to look al this issue from several different angles, and one is the cultural upcct. He said be feds the City bas made a commitmmt to cultural arts when the ordinance was pa-i where one perte111 of our c:apiCal expenditures go to art Mr. Garrett allowed that the contract calls for • lot of money, but in the bigger IICbeme of things, it is less than • half of a percent of our operating budFt, which is a commitmelll wc can make to the arts. He aid he asked wla be is getting for that money, and. after looking al it. be feels we are gdting a fairly large bang for the buck, even on a dollar for doll.-basis. With the exhibitions thal we are going to ba\>c, plus the art, which will lend a lot of aesthetic value to the Civic Calll:r, bejull felt we would get a lot of money, plus the activity. which is imponant becaUle we are aaling a civic ceala', • oppc-s to a city hall, which we have here. We will have 4,000 people going tbrougb lbeR anially, who will hopefully Slay. cat and shop. He rccalled that when his pllCIIIS dropped him off at diff'aall activities, Ibey MIil and did dlOlc things. so Ila should also bring cc:ooomic value for our money . Mr. Gama aid, in taking all dlOlc things into considc:ralion, he will be vOling for this DIClllft. Council Member Grazulis COllllllmtld tbal llbc will allo be vOling for this. She said her bean is near and clear to the arts, considering her background . She said llbc al11> lillelled to a lot of people who called her, and felt there were more who did wan1 it than who did not. One thing 11111 came to mind, she said, was when somcooc called her and said if we arc going to have a Wal-Man here, and thal is a big box , we do not need sculpmrcs allO, becaulc tbal is not a good mix. She said tbll just broke her heaJ1 and she would just like to have 1his prove to be a wonderful mix. Council Member Wololyn aid, when llbc was campaigning. she always asked about this from people she ran into, and llbc was amazed tbat she never beard anything ncptive. She said that speaks to our demographic, maybe we are not what we like to believe we are. She said she also feels that the presence of art, and just thole lculpeura, will affect people in a difl'Cfflll way . Kids who do not have tbc opponunity to go down and walk around DPL and ICC thole lculpeura, Ibey will ICC tbcsc: and plm a seed in their lives . Mayor Bums aid be bas IUppOl1ed the ans. Wbcn wc talked about the Foley's building a few yean ago, the propoa1 -to have tbc Clllft building dedicated to Jbe performing arts. We examined the budgets of the Arvada arts center and die Oredcy ans center al lbll limc, and Arvada was then cclcbraling their twcntidb ycar anivawy, and Ibey covered sixty pcrtlCIII o(Jbeir coltS with their own budget. The City of Arvada, in ~ acrviccs ad c:aab, COlllributed a million dol1an a year to Jbe cultural arts cclllCr, and Grodcy limillrly. 11lcR IR diaaaldl o( commmiticl ll'DUllll lhis country whole city councils and county boards o( commillicwn COlmibule to die 1111, ID dais is nothiJlg new, be aid. Mayor Bums said be felt we will ,ct a FOd -.11r die lllldt ia dlil project He aid the intcnnix beCwccn die dance thcdcr, MOA, the Colonldo Symplloay, nidl will be playing here for Jbe fint lime in Englewood's history, and the classes, will R:IIIID • beadit dial ii badl IIIODClllry and inlaagiblc in benefits to Jbe CODUDunity . We have been talking widl MOA for dne years. be recalled, and have bad a number of acssions with them. part meetings • ) I • 0 • • ' -. Englewood City Council November 22, 1999 Page II ,, ,..-. - .. with them, and they have been publiciz.cd in the paper on several occasions. He said he has heard very little DCglllivc COIIIIIIClll on wllll wc arc about to embark on bcrc . This is indeed what makes this project special. We -.tcd out with a big box rclail widl bMdly a CIOlllleCtion bctwccn the big boxes and the light rail. We chaapd ii. wc MDltld to have IOllldbing special for Englewood that involved the commwlity. not just a lot of big bits with ftWI sales lax clollan 111d not knowing bow loog tlac projects would last and bow loog the money would nm onjusl mail alooc. We MD1tld to pul special clCIIICllts into this project, and indeed wc have. Mayor Bums said be altaldcd the Rail-Volution Coafcrcncc in Dallas a few months ago, which promota rail and transit orimltld development. We bad a nwnber of pn:sentations there, he said. Director Silllf*Jll prclCded on this project. 11111 Mayor Bums said he did not see anything like this in the councry . 1bis is a unique project. and next year the Rail-Volulion Confcrcncc will be in Denver and we will be co-tpOIIIOl'ing it The main recq,lioo for 1h11 coaferenoc will be in the Piv.za that WC will build from _. Wllil dim, or in the Civic Cader, depalding on the wcalher. We will get a lot of national attmion oa du project. and the art ponioo will ,et aaemioa aloog with the rest of it. He said this is a unique pn,ject for Englewood. and be felt wc have the funds to support it MOA is taking an enormous risk, he said, in bringjDg all of their opcralion OYer bcrc. Their budget is SS00,000 to one million dollars a year, and they arc putting a balfmillion dollars in the building. If they leave voluntarily , they do not get any of that back, and if they breach their conttact, and wc ask them to leave, they do not get any of that back. Alao, if they lcavc, they arc financing thc8e improvements. and they have to continue to pay the financing. then they have to go out and get another place to go. That combination would probably break their CIJIDl*IY, IO their risk is monnously greala' than the City of Englewood's, he said. We have to comply with Amendmmt One . The TABOR Amendmc:nt docs not allow us to make binding, multi-year agrc,cmcalS, he advillcd, wc have to elect to fund this each and every year. and that is why they have asked for the raervc. We arc not free to commit the community for twenty years from this point out. wc have to make 1boae iM II cndmt decisions under the TABOR Amendmc:nL He felt tbcrc was a good balance there ofri* 11111 rcwanl on the Oty's part and MOA's, and that, he said, is why he would be voting in favor of this-. Ayes: Nays : Absent: The motion c:arricd. (b) Resolutions Council Members Garnn. Bradshaw, Wolosyn, Yurcbick, Grazulis, Bums Noac Nabbolz (i) DiRctor Simpaon presented a rec:ommcndalion from the Englewood Enviroamclllal Foundation to cna into oegotillions widl Trammell Crow for residential development at CityCcoter Englewood. We have been, for some time, waiting to authorize a rcsidcntial developer to build 11 this site, he aid. For the put several wceb, wc have been working with Legacy Pannen on this property . C4uncil authorized the Englewood Environmental FOUDdllion to COier into negotiations with Legacy Pannen to conclude an agrcemcnt • a price of$4.7S million. We have negotialcd in good faith with Legacy Partnen, he said, and at this point have not been able to come to a conclusion on that agrccmm on three major deal points. Primarily, 1boae deal poims were that Legacy could not meet the cloling dllle tbll the Oty was Rquiring. and we believe it is very importam that wc come to a closing dale with the residential devdopcr by mid-Fcllnmy. We believe that tbcrc were some islues stiU outstanding on the clilpolition of mail apace. The disposition of the mail apace in the Piaz.D area bad a neg;ative implCt on the City ofapproximltdy $400,000, be aid. Finally, tbcrc was some coocern that Legacy Pannen -faaoriDg in their decisioa that we would med to have a mail devdopcr as i-t of the closing of the due dilipnce period widl them. 1bal was •PIICICCptlblc to EEF and to the City, he said, because tlac ~ needed to be CIOlllidered indq,en..,,.ly. Baled on tbll, Council gave some autboriDlion to concunaidy dilam other deal ams with Trammell Crow. in the last few weeks . During that time, wc came to u acapable qrecmar in ams of timing, pricing and the ability to close iNlcpea¥fttly of any other developer oa site widl Trammell Crow Rcsidential. Funber, be said. this ) I· • • Baglewood City Couacil No¥ellll,cr 22, 1999 Pqel2 ........... • • ., .. .I .. ' ...-ii --, • a lqbcr cx,mpelilive lftd. Tranmell Crow is williDg to c:lole Clll lbe property with F.EF by lllid-Felnay. 1'-an: 1111 requiremmll fill' Ill)' otller develaper to cloac, ID tllcre is• i• 1• +-pn,viliaa dlcn Ila Ibey will go forward, be nplained Fally, lbeir sales price Ila Ibey are williDg IO~ die pnipaty is• fiw millioa clollan. 1be iqacl af dlis is an actull iDaalc of nearly 1650,000 -die deal dllt-pr-*'11 by Lepcy Partners. 8-1 Oil dlll c1irectioa. EEF llaff is ,e.: &a to Couac:il dllill -begin lqDlilDOIII with Tnmmdl Crow Residential to conclude dlis ,aidmial ~agreement.be aid. 1be reaolulicm -aaiped. iUDber and ,ad by tide: RESOLUl10N NO. 100, SERIES OF 1999 A RESOLUl10N ENCOURAGING 11IE ENGLEWOOD ENVIRONMENl'AL FOUNDATION TO CONC1UDE Nlrr011ATIONS wml TRAMMElL CROW AS 11IE RESIDENTIAL DEVELOPER FOR S5 MILLION . COUNOL IOJIUII WDSIIAW MOVED,AND rr WAS SECONDED, TO APPROVE AGENDA ITDI 6 (It) (I)-USOLU110N NO. 111, SElllES 01' lffl. Nayar e.r. ca a 1 dllt CGacil 1111d licanl a jfiWdlDUii frum Todd Bloom of Lepcy during the Sll,lly S.... wllic:II ClliSliilld die llilklly ofdle aepciatiOIII, and a leaer w paaud and made public .......... IINllly froa Lepcy IO Guy Scan, die City Manager. Lcpcy bas~ that Ibey assume a '**'IP,._. ca die p,ajlct. 'l1llt will be lqDlilMd, and if Tnmmdl Crow can DOI meet their ...... Lepcy ...ad llill lib IO line die opportmily to participalc in die project. which, be opined. is a wia1ria lilllll2iclll far die City ad -an: ping to go abead wilb dial. 1iammeU Crow bas a more wcwiwc ..._ _. ... beaa'clell. 8-ially, far die City. We we,e ye,y anxious to -ahead wida dlil--, api,I, die qlll mil apem iD July of lleJll year and -WUl to lbli1 the residential portion • qi,iddy • -ca with a--. develaper Im~ Crow. v .. .....aaa: Ayes: c:ouacil Mealla'I Olma, Bmllbaw, Wololyn, Yurcbick, G.azulia. Burm None Nabllolz ••••• Mayor Bums aid, bec:aule of Sbe confined illlllrC of dlis apecial meeting. dlll was the last item ID be ~ MAYOR 8UJU11S MOVED TO ADIOUllN. 1be meeung w adjoumed • 8 :55 p.m. DeputyCity ., ', • 1 ) I· 0 I - 1. 2 . 3 . 4 . 5 . .. ~ ---• ,. ~-., ·--. • -.. AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , NOVEMBER 22 , 1999 7:00 P.M. Call to order. 7:13~ Invocation . hlVVIKJ Pledge of Allegiance . .£/A.JV}1;/J RollCall. t~{~~) Public Comment. . \ .,, .. a . Council will invite public comment on Council Bill No. 70 , an Agreement and Sublease with the Museum of Outdoor Arts for space at the EnQlewood Civic ~~~~~~~~~~~~~~~~ ...... Tawio,, M Cllylon, S..,.. Hewll. Kandra Oramla, Cluok Hllllenlclll, Ray T-. Mic11Nt Haber1ng R-r L.al'olta, Elle llellollml ' 6 . • Regular Agenda . Approval of Ordinances on Second Reading. ,. i. Council Bill No. 70 , authorizing the acceptance of an agreement and .Jt/J> sublease between the Museum of Outdoor Arts , the Englewood (!IP ' Environmental Foundation, and the City of Englewood . Resolutions . • ~~ -i. A resolution authorizing the Englewood Environmental Foundation to enter 0 ... l-1oO into negotiations with Trammell Crow for residential development at TY"' CityCenter Englewood. '~;0 • J V Adjournment. & :f;°S ~ PINN nol9: If you have • dlablllty and need auxlllary aids or Nf'Vlces, pleue notify the City of Englewood (303-762-2405) at INat 48 hours In advance of when l8f'Vlces.,. needed. Thank you. • ' .. ,. .. • ) I· 0 32 I . - • • J "-- .. • .. . , ... ,, -· ..... • - PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS NOVEMBER 22, 1991 .\ .. .... NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK REGARDING COUNCIL BILL NO. 70, AN AGREEMENT AND SUBLEASE WITH THE IIUIEUII Off OUTDOOR ARTS, SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. C::ULCOL/1 TAYLOR MoA I(/ 0 /1 .. .. l -· . ) I· 0 32X • .. • ,,-·· . , • >, .. ORDINANCE NO.~ SERIES OF 1999 • - BY AUTHORITY .. CO 'NCIL BILL NO . 70 INTROD UC ED BY COUNCIL MEMBER GRAZULlS AN ORDINANCE ACTHORIZING THE ACCEPTANCE OF AN AGREEMENT AND SUBLEASE BETWEEN THE !.\1USEUM OF OUTDOOR ARTS (MOA ). THE ENGLEWOOD El\T\TIROKMENTAL FOUNDATION , INC . (EEF) A:-:D THE CITY OF ENGLEWOOD , COLORADO (C ITY). WHEREAS , the City Council of the City of Englewood has de s ignated approximately 15 ,000 quare feet of s pace on the second floor of the Englewood Civic Center for cultural uses; and WHEREAS , m an effort t o activate and energize CityCenter Englewood a nd to pro,,de for a uruqu e character to the development, the City has explored opportumt1es for coope ration with cultural organizations at Ci tyCente r ; a nd WHEREAS , the Mu se um of Outdoor Arts wa s approached last year a potential tenant for Civic Center; and WHEREAS . the operations of '.\10A . include an exceptional art collec ti on , educational program s and entertainment; and WHEREAS, over the past se Yeral months discussions and negotiat10ns between MOA , EEF and City taff have be en actively pursued ; and WHEREAS , the passa ge of this proposed Ordinance will finalize a Sublease a nd Agreement between the City of Englewood , the Englewood Em-i.ronmental Foundation, Inc . and the Museum of Outdoor Arts; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The acceptance of the Agreement and Sublease between the City of Englewood, Colorado, Museum of Outdoor Arts and the Englewood Environmental Foundation, Inc. for space at the Englew oo d Civic Center, attached as "Attachment!", is hereby accepted and approved by the Englewood City Council. Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and sea l the Agreement and Sublease for and on behalf of the City of Englewood , Colorado. Introduced, read in full. and passed on first reading on the 8th day of November. 1999 . -I - .. .. ' ~ ... ~ 6ai ) I • 0 - • l • • ,,--. \ • 'l ., .. • -.. ... ,. Published as a Bill for an Ordinance on the 12th day of November. 1999 . Read by title and passed on final reading on the 22nd day of November. 1999 . Published by title as Ordinance No ._, Series of 1999, on the 26th day of November, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Co lorado, here by ce rtify that the above and foregoing is a true copy of the Ordmance passed on final reading and published by title as Ordinance No. _, Series of 1999. Loucrislua A. Ellis -2- ' .. ... ' ,. ,.: ' .. ... ' . > I • 0 32X - • • • .. .I • .. _ .... · .. • •• " ~. GOVER.~";\'IE~TAL AGREE~IE~T AND SL"'BLEASE TIIlS GOVER.'iMDlTAL AGREE:vlEl'ff A1'1D SL13LEASE (hereinafter referred to in its entirety as "Agreement "), made and entered into this __ day of November, 1999 , by and between the City of Englewood. Colorado (hereinafter referred to as "CITY "), the Englewood Em,i ronmental Foundation, Inc . (hereinafter referred to as "EEF'), and The Museum of Outdoor Arts (hereinafter referred to as "MOA "). CITY and EEF are herein collectively referred to as "Englewood". RECITUS A. CITY and EEF are in the process of rede veloping that certain property located in the CITY and formerly known as Cinderella City located at 100 0 Englewood Parkway, the legal description for which is attached hereto as Exhib it A. The rede vel o pment area shall bec ome th e CityCenter Englewood (here inafter referred to as "Ci ty Center .. ) B. CITY acquired CiryCente r from the fo rme r own er and tr ans ferr ed CityCent er to EEF which is now the fee title holde r C. As part of the rede velop ment of Cinderell a Ci ty, the EEF will de velop CityCe nr er and CITY will lease offices in the Ci.,,i c Cen ter Buil ding. a redevelo pment of the forme r Fo ley's Department Store at Cinderella City The Ci.,,i c Center Bu ilding is lo cated as se t forth on th e plat attached hereto as Exhibit B D. MOA is an Inte rn al Re ven ue Code §50I (c)(3) priv ate foundat ion . ~IOA ·s exe mp t purposes are described on Exh ibit C attached hereto In part ial furt herance of its exempt purpos es, MOA owns and maintains a pub licly disp layed art coll ect ion present ly lo cated in Greenw ood Vill age . Co lorado , and \,IOA is en gag ed in educat ing chi ldren and ac ul ts in the visual and perfo rmi ng arts E. In fun herance of the rede velopment of Cinderella City, Eng lewood desires to ha ve MOA mo ve its presence to the CITY to be sit uate in the Cit yCente r. F. MOA desires to move its offices , art classrooms and much of its art collect io n to the CityCenter . G. CITY desires to sublease to MO:\ and MOA desires to sub lease from CITY cert ain premises in the Ci.,,ic Center Building pursuant to the terms here ina ft er set fort h; and EEF des ires to approve the sublease . H. CITY and EEF desire to enter a business agreement with MOA pertaining to the conduct of MOA 's exempt functions in the CityCenter and the support of those functions to be granted by Englewood and accepted by \,(QA. ~-..1 ,c.a.1 So¥), 19'9 .? )6 pm t t a C h m e n t 1 .. ) ,, I • 0 • • • .. .I • ' . .. .. • -' ., L The City Council of the City of Englewood and the Board of Directors of EEF have resolved to enter into this Agreement and to facilitate the presence of MOA in the CityCenter in accordance with the terms hereof NOW , THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, the parties agree as follows : ARTICLE I GRA"IT :\NO TER,\il 1.1 Demised Premises. In consideration of the rents . covenants and agreements here in reserved and contained on the part ofy{OA to be performed , CITY does hereby sublease and demise unto MOA the space to be located in the Ci ... ic Center Building as sh own on Exhib it D attache d hereto and incorporated herein by this reference , located at 10 00 Eng lew ood Park.-way , Eng Je,.vood , Colorado , which premises (hereinafter called "Demised Premises ") are also known as ·'y{useu m Space··. The Demised Premises contains approximately 7,000 square feet of rentable space as shown on Exhibit D. 1.2 Term. The term of this Agreement and ::V!OA's obligat ion to pay rent hereunder shall commence upon occupancy by MOA (h ere inaft er referred to as the ·'Occupa ncy Dat e'') and sha ll terminate at 12 .00 midnight , on y{ay 15 , 2005 , unless extended pursuant to :\rticle XlV . Occupanc y by y{O,\ means the first date MOA conducts bus iness in the De:nised Prell'ise , and the Oc cupanc y Date shall be no later than :Vlay 16 , 2000 ARTICLE 0 ~ 2.1 RenL MOA agrees to pay to CITY at the office of CITY in the Ci'vi c Cente r Buil ding or at such other place as CITY may designate in writing , rent for said premises as follows : (a) The sum of One Dollar per year payable in ad vance on the Occupanc y Date and on the first day of each and every anniversary of the Occupanc y Date unt il this Agreement is terminated . 2.2 Sublease Year Defined. The term "sublease year ," as used herein , is hereb y defined to mean and include those periods of the term which for the first sublease year begins at the Occupancy Date and ends on the last day of the I :?th calendar month during which the Agreement will have been in effect, and for subsequent sublease years begins immediately after the end of the first sublease year and on the anniversary date of such beginning in each year thereafter , and ends twelve (12) months later in each subsequent year . 2.3 Deposit. No deposit is required hereunder . -2- . ,. { ' ' ., • r ) I • 0 • • .. ~ ----• .. ,. • • .. ARTICLE ill CQ"IDITION OF PREMISES ,\ " .. •1 3.1 Englewood 's Obligations. At its cost , Englewood shall deliver to :VIOA the :VlOA Space as pro..,ided by the specificat ions attached hereto as Exhibit E . In the event th at :VlOA ut il izes the CITY ' s contractor to make improveme:'ltS, subject to completion and acceptance of plans , the improvements may be made simultaneously with other improvements made by the CITY' s contractor on the _second floor of the Civic Center Build ing beginning no later than February 1, 2000 If :v!OA does not utilize the CITY 's contractor to make improvements , the :VlOA Space shall be del iv ered to MOA no later than \lay 1, 2000 . 3.2 MOA's Obligations. All finish and remodeling is to be perfo nne d by \IOA at \IOA's expense . It shall be done in a good and workmanlike manner , free of any li ens fo r labo r an d materials . and in accordance with all bu il ding code s and other regulat io ns or CIT Y CITY sha ll grant to \10:\ all required bu ilding permits , subjec: to co mpliance \\li th CITY build ing code requir ements (a) All al te rat ions . add itions or im prov ements mace by eit:i er par.y at the ex pen se of\.!OA (except only movab le office fu rnitur e and other personalty not atta ched to th e Bui lding) sh all be deemed a pan of the real estate and the pro pe rty ofEEF an d shall re::ia in ui::on and be surr e:id e:ed with the Demised Premises as a part there of witho ut mol estat io n. disturbanc e or injury at th e en d of the tenn, whether by lapse of time or othe:-'.\i se. (b ) All imp rov ements and rem ode ling of the De mised Prem is e shall be acc omplished in accordance \\lith the dra wi ngs and spec ific ations prep ar ed by \1 0 :\'s ar:hne::: CITY 's architect "will be permi tte d to re view :VIO . .\'s space plan and to ma ke recornmenca uons. if any . concerning it prior to its ap pro \·al by CITY . The CITY sha ll ha\'e fi nal app ro va l O\·er the im pro vement and remode li ng of the De mis ed Pre mi se s MO . .\'s contract or sha ll coo rd ina:e \\ith CITY and other tenant contracto rs so as not to dis ru pt or damag e work in other par:s o f the Ci\ic Cent er Building. ~IOA 's cont rac to r shall coo rdin ate wi th th e Eng lewood c ntr acto r in perfonnance of co nstruct io n of the Demised Premi ses :V!O . .\ shall not be entitl ed to occup y th e Demise d Prem ises unt il a cen ifi cate of occupanc y ha s issue d Ba rri ng unfor esee n circ:i mstance s. \!OA sha ll compl ete all impro vements by the six t eent h da y of \lay, 200 0 (c ) Should CITY or EEF recei ve not ice of, or sh ould ther e be: rec ordat ion in the rea l estate records of Arapahoe County, Col orado of, an y materialma n's or me chanic 's li en on th e CITY ' s or EEF's property as the res ult of an y work perfonned. or ma te rials pro,ided , for or on behalf of, MOA . MOA shall , upon rece ipt of written notice fr om CIT Y or EEF , imm ediately ha ve such lien releaseo . If, for any reason, MO:\ is unable to obtain a re lease of sa id lie n wi thi n thirt y da ys of CITY or EEF's notice , MOA shall pro vide CITY or EEF with a cash pa )'me nt in th e amo unt of the stated amount of the lien . CITY or EEF shall place suc h cash depo si t in an interest bear ing ac count of CITY or EEF's choice at the bank where CITY or EEF conducts its ban ki ng bus iness . If the lien is not thereafter released no late r than six months follow ing the date of CITY or EE F's notice , CITY or EEF shall be permitted to use the cash deposit and all earnings thereon to obtain a release of the lien . Should there be any balance remaining in the cash ac count after re lease of the lien , the balance shall be refunded to MOA Should :VlOA obta in a release of the lien after making the cash deposit , the entire balance of the cash deposit shall be paid to '.'v!OA upon receipt by CITY or -3 - ., ,. ' ' ) I • 0 • • -• .. • . .--. ,I • ) •\, .. . . • -' .... EEF of satisfactory proof that CITY or EEFs title is no longer encumbered by the lien . Should CITY or EEF be named in any suit , whether or not it is a suit to foreclose upon a lien, resulting from any work performed, or materials provided , for or on behalf of, MOA. MOA agrees to indemnify and save CITY and EEF harmless from and against any such suit or claim, including com. (d) The improvements constructed by \10A shall be constructed according to drawings and specifications approved by the CITY for offices , classrooms , art workrooms and museum display areas . It is anticipated that \-IOA will pro.,.ide improvements which have a value of at least S'.:8 0,000 . (e) The parties acknowledge that \10A must obtain a loan in order to complete its tenant improvement obligation hereunder MOA shall be obligated to obtain a commitment, in a form reasonably acceptable to CITY , for the Joan by the 31st day of January , 2000 Failure to obtain the commitment shall rende~ this Agreement null and void 3.3 Common Premises Improvements. The comm on area of approx imate ly 1,000 square feet described in Exhib it E ad jacent to the \luseum Space togeth e~ wi th bat~ooms re quir ed by the CITY 's Building Code ("Comm on Pre:Tlises") sha il be impro ved by the CITY . '.\IOA and on e or more other tenants of the C1\ic Center Building Eng le·.vood and '.\10 .-\ eac h agree to pursue suc h improvements through the CITY 's contrac:or \!0.-\ shall not be respon sib le to expend more than one-third of the cost of such imp ro \·emen ts (est imated to be Two Hundred Se\·entee n Tho usand Dollars) in an amount not to exceed Se \en ty -three Thousand Do ll ars Ifno third party tenant (s) part icipate(s) in this obligation to construe the Common Premises improvements , the CITY shall bear the cost of the reminder of such improvements \IOA shall take the lead with respect to des ign control for the Common Premises whic:i shall be buil t in accordance with plans approved by the CITY. ARTICLE rv rsr OF PRE\US[S 4.1 (;se of Premises and Business Houn. During th e ent ire term of this Agreement , the Demised Premises shall be used sole ly for the purpose of the conduct of:V!OXs exempt purposes , its business offices , classes, and other lawful act iviti es ass oci ated ~ith such business . The business hours for MOA shall conform to the standard build ing hours of operation The CITY agrees to accommodate additional hours outside standard building hours on a reasonab le bas is. MOA shall be required to provide the CITY with not ice of the need for add ition al hours in advance For all purposes under this Agreement standard building hours means 7 00 a.m. to 9 ·00 p m .. Monday through Friday, and 7 :00 a.m to 6 .00 pm Saturday, ot her than holidays 4.2 Compliance with Laws and Regulations. MO.-\ shall , at all times , maintain and conduct its business , insofar as the same relates to \IOA's use and occupancy of the Demised Premises, in a lawful manner , and in strict compliance at \'10A's sole expense with all governmental laws , rules , regulations and orders and pro..,isions of insurance underwriters applicable to the business of\lOA conducted in and upon the Demised Premises . ·4· ' . .. . ' ) I • 0 • • • .. • ., • ' .,.,, •,. .. .. • ' -~ ... 4.3 Affirmative Covenants of '.\'IOA Relative to Usage or Demised Premises. MO:\ agrees to the following : (a) MOA shall warehouse, store or stock in the Demised Premises only MO:\'; necessary equipment and supplies . (b ) MOA shall not permit waste (c) MOA shall keep said premises clean and in the sanitary condition as require d by the ordinances , and the health, sanitary , and police regulations , of CITY (d) MOA shall not permit nor al lo w said premises , or the walls or floors thereof, to be endangered by overloading ARTICLE V '.\U~TE'i.-\ 'iCE, REP .\CRS A 'iD SER\ lCE S 5.1 By '.\'JOA. MOA agrees that during the term of this :\gree:nent . it will be ob li gated to make all repairs, maintenance and replaceme:m :o all nxtures. appliances and facilit ies furn ish<!:i by :VtOA . 5.2 By Englewood. Englewood agrees that , without e~'tra charge , during the term of this Agreement , and in accordance with standards from time to time prevailing for like office bu ild ings in Englewood , Colorado , to furnish water , sewer . and such heated or cooled air to the Demised Premises during all of MO . .\'s bus iness hours as may be requ ired for the comfortable use and occupancy of the Demised Premises ; to provide build ing standard nightly janitor service for the Demised Premises during business days which, at a minimum. will include the daily empty :;ig of wa ste receptacles , vacuuming offloors , spot cleaning of carpets as necessary , and dusting of all horizontal surfaces ; to provide quarter annual window washing and such wall cleaning as may in the j udgment of Englewood be reasonably required , to provide snow removal as needed ; and to cause electric current to be supplied for lighting in the leased premises and public halls , and it is understood that MOA shall use such electric current as shall be supplied by Eng lewoo d for all equipment necessary to conduct MOA 's business The CITY shall replace light bulbs or tubes used in lighting the De mised Premises . Englewood shall , durin g standard business hours , provide proper and adequate secu ri ty to the Demised Premises . 5.3 Parking. Englewood shall prO\ide \tOA with no fewer than forty ( 40) non-assigned and shared parking spaces in the parking area ofCityCenter closest to access to the '.'vluseum Spa ce SA Surrender or Premises. At the expiration of this Agreement , MOA shall surrender the Demised Premises in the same condition as exists upon the completion of the l\tOA improvements, ordinary wear and tear excepted . -5- . ' ,, • • ) I • 0 32 • • .. .I • .. • •• ... ~. ---------- ARTICLE VI FIXTURES, SIGNS, :\ND :\LIIR:\TIONS 6.1 Fixtures. All fixtures of a permanent nature installed by :VIOA shall be in good condition and have a useful life of at least twenty years, unless otherwise approved by EEF L" pon the installation of any fixture of a pennanent nature by the :\IOA .. such fixture shall become the property of EEF . EEF must approve in advance the instJ.llation of a permanent fixture and such approval shall not be unreasonably withheld . 6.2 Signs. MOA shall not erect any antenna. loudspeaker , or any exterio r or interior signs v.ithout first obtaining the written consent of Englewood , which consent shall not be unreasonably withheld . MOA signage shall conform to other signage in the Civic Cente r Bui lding Further. all approved . illuminated signs must derive li ght from a conce:tled s urce (no exp osed glo bes. tubir.g . etc ) Englewood shall provide adequate direct ional signage to anc from \10 .-l.. thro ug hout the CiryCenter as we ll as street and build ing signage id ent i~ing :\10 . .\'s presence anc lo cat ion anc identifica tion of classes and events . 6.3 Alter:nions. Subsequent to comple:io n of:he impro\·e:ne:m . \IO A ma y. fr om tim e t o time. during the term, at its O\vn cost and expense . up on wr.t:en consent of Eng le·.v ood . \~ hic:1 consent shall not be unreasonabl y withhe ld, ma\;e any reas onabl e nonstruc:ural alterat ion s or chan::-es in the interior of the Demised Premises in a good and workn1anlik e manner in compliance wit h a I applicable requirements oflaw, it being understood that "nonstructural" shall includ e mov ing of stuc partitions , minor plumbing and electrical work and mod ific at ion ar.d rearran gem ent of tix rn re s. pro\ided that nothing in this Section 6.3 shall limit or modi~· \IOXs rights und er Sec tion 5 2 CI TY agrees to cooperate with :VIOA for the purpose of securing neces sary permits fo r any changes . alterat io ns or addit ions permitted unde r this section . For this purp ose . non struct ur al alte rations or changes do not include alterations or chan ge s being made in th e :\luseum Space for the purp os e of presenting an art or performance exhib it of a duration of less tr...:n six months . In this latt e~ event. MOA will not be obligated to obta in consent of CITY :\-10 . .\ shall be required to obta in perm its mandated by ordinance , if an y, in order to make an y such alterat ions or improvement s MOA will not alter the exte rio r of the Derrjsed Pre mis es and shall ha ve no right to make any change , alterat ion or addition to the Demised Premises which would impair the structu ral soundness or diminish or increase the size thereof, without the prior writt en consent of Englev..-o od All cos ts of any such work shall be pa id prompt ly by :\IOA so as to pre\·ent the assert ion of any liens for labor or materials . :\10..\ agrees that an y improvements mad e by it ( except trade fixtures and unattached signs ) shall immediately become the pro pe:-t y of EEF ARTICLE VIl Pt;BLIC LL-\BILm· 7.1 MOA's Liability Insurance. MOA shall , during the entire term hereof, keep in full force and effect a policy of public liability and property damage insurance with respect to the Demised Premises , and the business operated by MO..\ in the Demised Premises , in which the limits of public -6- , . ', ' .. . ' ) I • 0 --:-------.---::----------------.-.,------------------------ • " -• • -' liability shall not be less than One '.\.liUion and ~o/100 Dollars (Sl ,000 ,000 00) per person and One Million and No/100 Dollars (Sl ,000 ,000 00) per incident and in which the total damage liability shall not be less than Two '.'vfillion and ~o/100 Dollars (S2 ,000 ,000 .00). The policy shall name Englewood as an additional named insured, and shall contain a clause that the insurer wi ll not cancel or change the insurance without first gi"ing the CITY and EEF thirty (30) days prior wrinen not ice . The insurance shall be an insurance :ompany approved to do business in the State of Colorado and a copy of the policy or a Certificate or'Insurance shall be delivered to Englewood . 7.2 Worker's Compensation. To the extent required by law . \10:\ shall procure and maintain worker 's compensation coverage for its emplo yees ARTICLE vm DA\HGE BY FIRE OR OTHER C..\SL\Ln· 8.1 Insurance Coverage b~· '.\IOA. \10 . .\ sha ll ·ee;, the De mised P~emises insured against loss or damage by fire. wit~ the usual ex 1e:1ded cove~:i =e e:1 c orseme:11s . in am ount s not les s than th e full insurable value of the improvements th e~e of 8.2 Additional Coverage by '.\IOA. :O.!O . .\ ag rees ·hat it sha ll keep its fixrnres. merchandise and equipment insured again st loss or damage by fire with the usual extended co\·erage end orsements . It is understood and agreed that \!O:\ assume s all risk of damage to its O\,n pro peny arising from an y cause whatsoe\·er. including , without limitat io n, lo ss by theft or other.\i se 8.3 Protection from Subrogation. Anything in thi s Agreeme nt to the contrary notwithstanding , neither CITY , EEF nor \IOA shall be liable to the other fl ~ any business inte~ruption or an y lo ss or dama ge to propeny or injury to or de:i th of persons occurring on the De mis ed Premises or th e adjoining properti es , sidewalks , streets or alley s. or in any manr.er gr o1\ ing ou t of or connecte d with '.\!OA's use and occupation of the Der.use d Pre mises. or the cond ill o n the~eof. or of sidewalk s. streets or alleys adjo ining caused by negl igence or other fault of C ITY , EEF or \!OA or of their respecti ve agent s. emp loy ees , licensees , ass igne es. guests or imi t ees , to the ex tent that such business interrupt ion or lo ss or damage to the property or injury to or death of per sons is covered by or indemnified by proceeds received from insurance carried by the other party (regardless of whether such insurance is payable to or protects CITY , EEF or \10 . .\ or two or more of them) or for which such part y is otherw is e reimbursed. and licensees and assignees , for any such loss or damage to property or injury to or death of persons to the extent the same is covered or indemnified by proceeds received from an y such insurance , or for which reimbursement is otherwise received . Nothing in this Secti on S 3 contained shall be construed to impose any other or greater liab ility upon CITY , EEF or \10..\ than would ha ve existed in the absence of this Section S 3. 8.4 Notice. MO . .\ shall give immediate wTitten notice to Englewood of an y damage caused to the Demised Premises by fire or other casualty 8.5 Partial Damage. In case during the term hereof the Demised Premises shall be partially damaged (as distinguished from "substantially damaged ," as that term is hereinafter defined ) by fire or other casualty , MO..\ shall forthwith proceed to repair such damage and restore the -7- ' ' ) I ., • 0 • • -• ' , •' • • - • •. Demised Premises , (subject, however , to zoning laws and building codes then in existence) to substantially their condition at the time of such damage . MOA agrees that, promptly after completion of such work, it will proceed with reasonable diligence and at its sole cost and expense to restore its fixtures and equipment for reopening . In making such repairs of partial damage MOA shall be permitted to obtain the proceeds , if any, of the fire insurance procured by :VIOA which proceeds are paid as a result of such fire damage , whether paid directly to Englewood or the company or the agency doing the repair work. MOA shall be responsible for payment of all repair work for such partial damage which is not covered by such fire insurance . 8.6 Substantial Damage. In case during the term hereof the Demised Premises shall be substant ially damaged or destroyed by fire or other casual ty, the risk of which is covered by insurance, MOA shall have the option exerci sable in writing within forty-five ( 45 ) days to terminate this Agree:nem and de liver to Englewood all insurance proceeds (other than proceeds in respect of inventory, fixtures and equipment ), if any , or to retain this Agreement in full fo rce and effect in which event :VIOA shall , proceeding with all reasonable dispatch . re;,air or rebu il d the Demised Premises , to substantially their condition at the time of such damage or desmmion (subject , however , to zoning and building codes then in exist ence ) For th:s pur;iose the te:.n ··i n\·em 1:.-· inc !udes . am ong ot '.e, things , :VIOA ·s artwork . 8. 7 No Abatement of Operation. \!OA agrees that during any period of rec onstruc tio n or repair of the Demised Premises it will cont inue the operat ion of its business within the De:nised Premises to the extent pract ic able 8.8 Definition of Substantial Damage. The terms "substantially dama ged" and "substantial damage ," as used in this An icle , shall have reference to damage of such a characte, as cann ot reasonably be expected to be repaired or the De mised Pre mis es res to red within one hundred and thiny-five (135) days from the time that such repair or re storation work would be commenced . as cenif.ed by a registered architect selected by \10 . .\ and ac;:epted by Eng lewood ARTICLE IX H;\Z\RDOlS \L.\TERIUS 9.1 MOA's Representation. MOA agrees that whenever it, or any of its agents , emp loye es , contractors , licensees or invitees, causes or pe:mits any Hazardous :Vlaterial to be brought up on , kept . used or disposed ofin, about or from the De mised Premises by :VIOA, the same will be kept. used and disp osed ofin a manner that complies with all laws regulating any such Hazardous :Vlaterial and their posse ssio n, storage, use and disposal . 9.2 Definition of Hazardous '.\laterial. "Hazardous Material", as used in thi s Agreement , shall be any petroleum based products , paints and solvents , pol yc hlorinated biphen yl , lead , acids , ammonium compounds and other chemical products (excluding commercially used cleaning materials in ordinary quant ities), and any substance or material if defined or designated as a hazardous or toxic substance , or other similar term , by any federal , state or local law , statute, regulation , or ordinance presently in effect or that may be promulgated in the future , as such statutes, regulations and ordinances may be amended from time to time . -8- ) I • 0 • • .. ,,-. .j • .. . • - ... 9.3 Englewood's Responsibility for Removal. Notwithstanding the foregoing , if any Hazardous ~erial was used in coMection with the original construction of the Demised Premises and the removal of such Hazardous Material from the Demised Premises becomes necessary during the term of this Agreement, Englewood shall be responsible for the removal of the same , except if MOA, or any ofits agents, employees, contractors, licensees , or invitees, by their actions (as opposed to ordinary wear and tear) has somehow affected the original construct ion materials in some way so that the same have to be removed , in which event MOA shall be responsible for such remo val . ARTICLEX ASSIGNMENT A~ Sl]ILETI~G 10.1 Consent Required. MOA may not assign this .\gr eement and/or sub let the De mised Premises or any pan thereof, without in each instance obtaining :he written permissi on of CITY The consent by Englewood to an y assignment or subletting shall not co nstitute a wai ver of the necess ity for such consent to an y subsequent ass ignment or sub le:-ing T:lis prohibit io n against assig ni ng r sub lerring shall be construed to include a proiijbiuon again st an,· assignmem or subletting by ope~at 1o n of law If this Agreement is assigned . or if the De mis ec P~er;-jses or an y pan th ere of ,s sub let or oc cu pied by an ybod y other than ~IOA. CITY may coll ec: re:n fr om the as sign ee . su blessee or occupant , and appl y the net am ount coll ect ed to the re:it he:e in res erved . and such as si =nmem . sublening, occupancy or collection shall be deemed a re !ease of \IOA fr om the fu11her per.·orman.:e by ~IOA of covenants on the pan of '.\IOA herein conta in ed ·.\·ith resp ect to the ass igned or sub let premises . Notwithstanding the right to ass ign or sublet her ein granted , the CITY sh all be perm ine:.l to refuse to consent to assignment or sublet unl ess the CITY's ob lig at io n un der Ar.icl e X\ 1 is eliminated upon assignment or sublet ARTICLE XI MOA'S DEF\rLT 11.1 [vents of Default. The following events shall be deemed to be events of default by MOA under this Agreement . (a) MOA shall ha ve failed to pay an y instal lment of rent or an y other charge pro vid ed herein , or any portion thereof when the same shall be due and payable , and th e same sha ll remain unpaid :".J r a period often (IO) da ys after writte:1 not ice from the CITY , or (b ) MOA shall have failed to comply with any other provisions of this Agreement and shall not cure such failure within thirt y (30) da ys after CITY , by written notice , has informed MOA of such noncompliance ; or (c) MOA shall file in an y cou11 a pet ition in bankruptcy or insolvency or for reorganization within the meaning of the Cnited States Bankruptcy Code, as amended , (or for reorganization or arrangement under any future Bankruptcy Act for the same of similar relief) or for the appointment of a receiver or trustee of all or a po11 io n of\lOA's propei,y ; or -9- ., ', ) I • 0 • -• .. ~ ,,.-. .I • .. • -~ ( d) An involuntary petition of the kind referred to in paragraph ( c) of this Section 11 .1 shall be filed against MOA and such petition shall not be vacated or withdrawn within ninety (90) days after the date of filing thereof; or (e) MOA shall make an assignment for the benefit of creditors; or (t) MOA shall be adjudicated a bankrupt; or (g) MOA shall for reasons other than those specifically permined in this Agreement, cease to conduct its business operations required by Article IV hereof in the Demised Premises or shall vacate or abandon the Demised Premises and leave same vacated or abandoned for a period of thirty (3 0) days . upon the occurrence of an event of default , Englewood's sole remedy sha ll be t cancel and terminate this Agreement 11.2 Costs. Expenses and Attorneys' Fees. In the event of any suit inst :tutec by e:the~ party to enforce the covenants and agreements contained in this . .\greeme:-t. the prevailing party in any such litigation shall be entitled to reco\"er all costs . expen ses , and reasonab le alt omeys ' fees that may be incurred or paid as a result of suc h litigation In :he event of a comp romis e. ne ither party sh all recover costs, expenses and altomeys' fees . but suc h costs. expenses and all o rneys· fees may be considered by the parties in reaching a comprom ise . ARTICLE XII Sl'BORD~:\IIO~ OR Sl'PERIQRIIT OF Sl'BLEc\SE I:?. I Le3se Subordinate or Superior to Deed of Trust. It is agreed t hat the rights and interest of\lOA unde:-this . .\greement shall be subject and subordinate to an y mortgage or deeds of trust placed upon the Civic Center Bu ild in g, to any and all advances to be made thereunder, to the inte:-est thereon, and to all renewals, modificat ions . replacements and extensio n thereof, pro,ided the mortgagee or trustee named in said mortgages or deeds of trust must elect by 1.vrilten notice de liv ered to \-lOA to subject and subordinate the rights and interest of the MOA under this Agreement to the lien of its mortgagee or deed of trust and shall agree to recognize this Agreement of \·10 . .\ in the event of foreclosure if\-10A is not in default , howe\'er, an y mortgagee or trustee may elect to giv e the rights and interest of the \lOA under this . .\gr ee:-nent priority over the lien of its mortgage or deed of trust . In the event of either such elect ion , an d upon not ifi cation by such mortgagee or trustee to MOA to that effect. the rights and interest of the \lOA under this Agreement shall be deemed to be subordinate to, or have priority over , as the case may be , the lien of said mortgage or deed of trust , whether this Agreement is dated prior to or subsequent to the date of said mortgage or deed of trust. MOA shall execute and deliver whatever instruments may be required for such purposes. and in the event YlOA fails so to do within ten (JO) days after demand in writing , MOA does hereby make , constitute and irrevocably appoint CITY as its attorney in fact and in its name, place and stead so to do . -1 0 - ' . ., .. .. ~ ) I • 0 • • -• .. • .,-. • [;• • • ' ARTICLEXill MISCELLA~EOJ,;S PRO\JSIO'iS •. 13.1 Holding Over. In the event that MOA shall continue to oc.:upy the Demised Premises after the expiration of this Agreement, said tenancy shall be co nstrued to be a tenanc y from month-to-month. All of the terms and conditions herein contained shall app ly 13.2 Waiver. Failure on the pan of the CITY to complain or notify of an y act io n or nonaction on the part of'.\,lOA, no matter how long the same may cont inue . shall ne ver be deemed to be a waiver by Englewood of any of its rights hereunder . Furt her , it is covenanted and agreed that no waiver at any time of any of the provisions hereof by Englew ood shall be construed as a waiver at any subsequent time of the same provisions unless En gl ewood so ag rees at the time of the wai\·er 13.J Covenant of Quiet Enjo~·ment. \IOA. subjec: to th e terms and provis ions of this Agreement on payment of the re:n and obsef\ing, keep ing a.--:d pe :forming. all of the terms an d provisions of this Agreement on its part to be observ ed . ke;i t and ;:,e :-:· r.ned . sha ll lawfully pe:iceab ly and quiet ly ha ve, hold , oc cupy and enjoy the De mised Pre:n:ses dur:ng ·he term he re of \\ithout hindrance or eject ion by an y persons la,,.,fully cla iming under E:i g!e·.\·cod '.\10 . .\ ackno wledges that a dance studio ma y occupy premis es cont ingent to the Demi se: P~e:.jses 13.4 Status Reports. Rec ognizing that both par1 ies may find it necessary to esta blish to th ird parties, such as accountant s, banks , mortgagee s, or the like. the then current st:itus of pe:-:ormance he reund er, either pany. on the wrinen request of th e othe~ m:ide from tim e to time , will promptly furnish a wrinen statement on the status of any matter pertaining to this Agreeme nt Without limiting the generality of the foregoing , MOA spec ific :i lly agree s, prompt ly up on the commencement of its business in the De mised Premi ses , to notify CITY in writing of the date th ere of. and acknowledge satisfaction of the re quirements with respect to constrnction and oth er matter s by En gl ewo od. save and except for such maners as \·10 . .\ ma y wish to set for:h spec ifi call y in said stateme nt 13.5 Notice to '.\lortgagee. After rece iving wri tt en not ice fr om any pe~s on, firm , or othe~ ent ity , that it holds a mortgage (which term shall include a deed of trust) which includ es as part of the mortgaged premises the Demi sed Pre mises , \IOA shall , so long as such mortgage is outs tand ing be required to give to such holder the same notice as is requ ir ed to be giv en to CITY under the terms o f this Agreement , but such notice ma y be given by \lOA to CITY and such holder concurrent ly It is further agreed that such holder shall have the same opportuni ty to cure an y default , and the same time within which to effe ct such curing. as is availab le to CITY , and if necessary to cure such a default , such holder shall have all rights of CITY 13.6 Invalidation of Particular Provisions. If an y term or provisi on of this Agreement, or the application thereof to any pers on or circumstanc e shall , to an y extent , be in val id or unenforceable , the remainder of this Agreement , or the app licat ion of such term or provision to person or circumstances other than those as to which it is he ld invalid or unenforce:ib le, shall not be affected thereby , and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law -11- ., ... . ' • ' ) I • 0 • • • ,...---• -' • .,, .. .. . . • -.. ' 13. 7 Provisions Binding, Etc. Except as herein otherwise expressly provided , the terms hereof shall be binding upon and shall inure to the benefit of the successors and assigns, respectively , of Englewood and MOA. Each term and each provision of this Agreement to be performed by Englewood or MOA shall be construed to be both a covenant and a condition . The reference contained to successors and assigns ofy!QA is not intended to constitute a consent to assignment by MOA, but has reference only to those instances in which Englewood may later give written consent to a panicular assignment as permitted by the provisions of Section 10 1 hereof 13.8 Governing Law. This Agreement shall be governed exclusively by the provisions hereof and by laws of the State of Colorado and its political subdivisions as the same may from time to time exist . 13.9 Notices. Any notice which may be required to be given under this . .\greement sha ll be delivered in person or sent by registered or certified mail. postage prepaid and shall be addresse d to Englewood at 3400 South Elati Street , Englewood , Colorado SOl 10 (throug h '.\lay 3 1, 2000 an d thereafter to I 000 Englewood Parbvay . Englewood . Colorado SO 11 0). Attent ion Cit y Ylana ge r and to '.\IOA at the address of the De:nised Premises . with a copy to She!d on H Smith . Da\·is. Graham & Stubbs LLP , 370 17th Street , Suite 4700, Dem·er. Coloraco so:o:. or to either pany at such othe r address as shall be designated by written notice to the ot her party Whenever under this Agreement a pr o,ision is made for notice of any ki ne . it sh:i ll be dee med suffic ient notice and service thereof if such not ice to '.\IO . .\ is in writ ing add ressed to '.\ !QA at the De:nised Premises and deposited in the mail 'Aith postage prepaid , and if such notice to Englewo od is in ""Titing addressed to the location for payment of rent as provided in Anicle II and deposited in the mail with postage prepaid 13.10 Section Headings. The heac ings , sect io n nu mbers and anicl e number s appe:i ri ng in thi s . .\greement are not intended in an y manner to de fi ne , limit or de scrib e the sco pe o f ar.y sue~ sect ion or article and are sole ly inserted as a matter of con venience 13.11 Entire Agreement. This Agreement and an y exhibits or rider s made a pan here of const itute the entire agreement between the parties re lat ing to the subj ect matter here of It is understood that there are no oral agreements between the parties hereto affect ing this Agreement , and this Agreement supersedes and cancels any and all previous negotiat ions , arrangement s . brochures, agreements or understandings. if any , between the parties heret o or displayed by ~nglewood to '.\t!OA with respect to the subjec t matter hereof, and none shall be used to interpret or construe this Agreement . It is further agreed by and between the parties hereto that there shall be no modification or amendment of this Agreement except as may be executed in writing bet ween the parties hereto . 13.12 Access to Premises. Englewood shall have the right to enter upon the Demised Premises at all reasonable hours for the purpose of inspecting the same and during any emergenc y If Englewood deems any repairs necessary , Englewood may make at its expense or cause '.'v!OA to make such repairs , as may be required under this Agreement, at '.\t!OA 's expense -12- .. . .. .. ., ~ .. • l ' < ) I • 0 • • -• ' . .. • • - ·' ' ... ... 13.13 Payment After Termination or Notice. No payment of money by MOA to Englewood after the termination of this Agreement in any manner , or after the giving of any not ice to MOA, shall reinstate , continue or extend the term of this Agreement or affect any notice given to MOA prior to the payment of such money , it being agreed that after the service of not ice or the commencement of a suit or after final judgment granting Englewood possession of said premises , Englewood may receive and collect any sums of rent due , or any other sums of mone y due under the tenns of this Agreement, and the payment of such sums of money whether as rent or otherwise , shall not waive said notice , or in any manner affect any pending suit or an y judgment theretofore obtained . 13.U Access for Reletting. Englewood may at an y time within ninety (90) da ys befo re the expiration of this Agreement , enter the Demised Premises at all reasonable hou rs fo r pu rpos es of offering the same for re nt, and ma y place and keep on the window and doo rs of sai d premis es signs ad venising the premises for rent . 13.15 Joint and Several Liability. All th e term s, cov enan ts and condition s contained in this .\gr eement to be performe d by either party. if suc h pany sh all co nsi st of more than or.e pe~s o n or organizati on, shall be deeme d to be joint and several , an d all righ ts and reme di es of the par.ies sha ll be cu mula tive and no nex clusiv e of any oth er remedy at law or in eq uity 13.16 Brokers. MOA warrants tha t it has had no de Jlings with any rell estlte broke ~ or agents in connect ion with th e ne go tiatio n of this .\gre ement , an d th at it know s of no other rel! estate broker or agent who is or mig ht be ent itl ed to a co mmi ssion in conn ectio n wi th this Agre eme:u 13.1 7 Corporate Authori~·. ~1 0 .-\ is a Colo rad o not-fo r-pr ofit corpo rati on , and eJ c:i indi vi dual executing this Agreeme nt on beha lf of \.IOA re pre sents and wa rr ants that he is duly authorized to dul y execute and deliv er this .\gre ement on behalf o f \.10 .-\, and th at this Agreement is bind ing upon '.\IIOA in ac co rdance \\.i th its terms 13.18 Copies. This Agr ee ment may :,e executed in any number of copi es all of wbch sha ll be deemed an orig in al and al l of the m shall con st itute one an d the same ag ree ment . prov ided , that , it sha ll onl y be necessa ry to prod uce one copy of such .\gr ee men t fo r pro of 13.19 Approval of City Council. CITY represent s and warrants that all of th e te rms of this Agreement ha ve been revie wed and appr ov ed by it s City Co unc il, tha t an approp ri ate resolutio n has been adopted by the City Counc il aut ho ri zing CITY to e:i ter int o this Agreement , that th e person exe cut ing this Agreement on behal f of CI TY has full au thori ty to do so , and that the act ions of th e City Counc il are such that this Agreement shall rem ain in full forc e and effect in ac co rdance with its terms throughout the term desc ri bed in Se ctio n 1.2. CITY further represents and warrants th at thi s Agreement is legally binding upon CITY , ho we ver, an y pro vi sion of this Agreement or its exhi bit s wh ich impose upon the CITY , direct ly or indir ec tly, an y fi nancial oblig ation whats oever to be performed or which ma y be pe rformed in any fisc al yelr subsequent to the year of exec ution o f this Agreement is expressl y made cont ingent upon and subjec t to funds for such financ ial ob lig ati on be appropriated , budgeted and otherwi se made avail abl e. A cop y of the resolution of the City Counc il is attached hereto and incorporated he rein as Exhibit H. -13- ·. ) I • 0 • • --.1 • '''(,.'!. .. .. .... ... • -.. .. 13.20 Approval of Board of Directon of EEF. EEF represents and warrants that all of the terms of this Agreement have been reviewed and approved by the Board of Directors ofEEF, that an appropriate resolution has been adopted by the Board of Directors authorizing EEF to enter into this Agreement, the person executing this Agreement on behalf ofEEF has full authority to do so , and that the actions of the Board of Directors are such that this Agreement shall remain in full force and effect in accordance with its terms throughout the term described in Section 1.2. EEF represents that it is a legally constituted entity with capacity to execute this Agreement which it represents is legally binding upon EEF . A copy of the resolution of the Board of Directors of EEF is attached hereto and incorporated herein as Exhibit I. ARTICLE XIV MOA'S RDIEW;\L OPTIO'II 14.1 Option to Renew. As additional considerat ion for the covenants oL\-IOA hereunder , CITY hereby grants unto MOA an option (the "Option") to exte nd the term of the Agreement fo r three (3) addit ional terms of five (5) years (an "Opt ion Term ") each . Each Opt io n shall app ly to all Museum Space at the time the Option Term would comme nc e, and shall be on the follo v,i ng ter.ns and conditions : (a ) Written notice of'.'v!OA's election to exerc ise an Optio n shall be given to CIT Y no later than six (6) months prior to the expirat ion of the term ("MOA 's ;-.iot ice "). If'.'vlO .-\ time ly exercises an Option , the Agreement shall be deemed extended \\li th all of its terms . (b ) Unless CITY is timel y notified by \i!OA in accordance with paragraph (a) above , it shall be conclusivel y deemed that \i!OA does not desire to exercise the Option , and the Agreement shall expire in accordance wi th its terms , at the end of the term . (c ) If MOA is in de fault of thi s Agreement at the ti me of notice hereunder , the option ma y be exercised onl y \\li th the wri tten consent of the CITY (d) The Options granted hereunder shall be upon all of the terms and cond itions contained herein . (e) After exercise of all of the Options above described , there shall be no funher rights on the pan ofMOA to extend the term of the Agreement . ARTICLE XV ARTWORK DISPLAY 15.1 Display or Anwork. The works of an described in Exhibit F hereto, each of which is owned by MOA, shall be displayed throughout the CityCenter pursuant to the Artwork Installat ion Plan described in Section 15 .5 below . Works of art subsequently acquired by MOA and works of an prepared through MOA's art education programs may be displayed in such areas ofCityCenter from time to time . MOA alone shall have the right to displa y works of art and exhibits in CityCenter in the locatio·ns described as MOA artwork locations in the Artwork Installation Plan, and all -14 - '· . '·. ., ,. ·, ', . ' . ) I . 0 . ] • j • -· ·' • , .. .. .. • -... decisions with respect to the nature and propriety of any pa11icular piece of art or an y exhibit by MOA of any artwork whatsoever is expressl y granted, reserved to and held alone by :vtOA Locat io n of artwork within CityCenter as set fo11h in Exhibit F shall be subject to approval of the CITY Exhibit F shall be amended, upon approval by CITY , EEF and '.\IIOA, from time to time as new works of an are installed, new plans are prepared, an is removed or othern-ise . Amendments to Exhibit F are incorporated herein . 15.2 Movement of Artwork. With the consent ofEEF, '.\110 .-\ shall be permined to move any permanent work of an from one designated point to any other designated point ~~thin the CityCenter during the term of the Agreement The cost of mo,ing any such art within Cit yCenter shall be paid by MOA, unless the request to mo ve the an was made by the CITY or EEF in which event the CITY or EEF shall pay the cost 15.3 SaJe of Anwork. MO:\. in its sole and absolute di cret ion . sha l be perrnn:ed to se!l any work of an which it o-wns and which is on display in the Cit~ Center other than th o se de si gnated as "Permanent Installations " on Exhib it F C pon the re:no\·al of any suc:i ·cl nem . \!0 .-\ sha ll ::i e responsible to pay for all costs of remova l and any cos t f rest cr:m r. of :he ·i::a ce from \\ lu ch suc:i a11work was removed 15A Original installation of . .\rtwork. \\'i thi:1 :he ;ie:i oc t::a: cor.rr::e::ces tlun y (30 ) da ys prior to the Occupancy Date and ends no later than :iine!y (90 ) day foilo \\in g :h e Occupanc y Date. MO .-\, at its sole cost , will mo ve and complete any res torat io n or conse rvat ion ~hich \10.-\ deems necessary on each of the eighteen pieces of art described in E:frJ' it F Thmeen o f these pieces of an "will be permanently installed for the te:-m of the Ag:reeme:u in the CityCenter pursuant to the .-\nwork Installation Plan . Fi,·e of the pieces of a11 ident ified as "Terr.p orary Installations ' in Exhi bit F may be re;,laced or moved at \10 .-\'s sole discret icn within or with ut CityCenter The initial installati o n shall be paid for by Englewood and \\ill mclude sig:nage . al l land s.:ap ing . pedestals, light ing , pads and other items descr ibed in the .-\n\\ ork Installation Plan In no e,·ent . however , sha ll Englewood be obl igated to pay more than S l 00 ,00 0 fo r the ini tial insta lbtion 15.5 Artwork Installation Plan. ';\o later than the 15 th day of\!arch, 200 0, the CITY , EEF and \IOA shall agree to an .-\nwork Installa tio n Plan The .-\nwork Installat io n Plan shall be in wr iting which , upon completion , shall be incorpor ate d int o this Agreement as Exhibit G The Artv,ork Installation Plan shall identify the places in the CityCenter where anwork will be permitted to be displayed , shall set fo11h the requirements for installation and disp lay including. but not limit ed to , fo undations and pedestals . fencing , lig hting , securit y cameras . and all other matters pe11aining to the installation and display of the a11work . 15.6 Responsibility for Installed Artwork. ~!OA shall be responsible for , and pay the expense of, ma intenance , repair , replacement , insurance and extraord in:iry security for the a11work installed at any time in CityCenter. Englewood shall be responsible for utilities , ground ma inte nance and standard security for the amvork installed at any time in CityCenter -15- .. . ' ) I • 0 • j • ,. .. Ill --· • "1,.1 ..• . . • • ' ARTICLE XVI cm SUPPORT OF MOA ., 'l , . 16.1 Annual Contribution by CTIY. The CITY will pay to MOA the sum of Ninety-Six Thousand Dollars (S96,000 .00) annually by payment of Forty-Eight Thousand Dollars (S48 ,000) on the Occupancy Date and on each date thereafter which is six months following the preceding payment date throughout the tenn of this Agreement . It is anticipated that the CITY will take all reasonable steps to fulfilJ this obligation recognizing that the TABOR amendment to the Colorado Constitution does not allow for the enforcement of this promise unless there is compliance with the TABOR amendment . This grant shall be utilized , in MOA' s discret ion, solely for the following purposes , set forth hereafter in no particular order of priority : (a) Support for MOA 's education programs and facilities . (b) Assistance with spec ial events pro vi de d v.~thin the CITY by :VIOA . ( c) Public art di splays . (d) Ongoing ma inte nance of artwor k di sp layed in the CityCent e~ 16.2 Failure ofCTIY to :\lake Annual Contribution. Should th e CIT Y fa il o make Jny annual contribution as provided for in Se ction 16 .1, MO:\ shall ha ve the fo llo wi ng remedies (a) Declare this Agreement terminated , A.'-TI (I ) Vacate the Demised Premises . A.'\TI (:!) Obtain fr om the CITY in a lump sum payment , withi n thi rty (30) days of the date MOA vacates the Demised Premises , in an am ount equal to the tota l va lue (not to exc ee d Five Hundred Thousand Dollars (SS 0 0 ,000) of impro vements made by MO . .\ to the Demise d Premises under Section 3.2 and to the Common Premises under Sect ion 3.3 red uced by Twe lve Thousand Dollars (S12 ,000) for each full year measured from the Occupancy Date to the date of th e CITY 's failure to pay under Section 16 .1 and then mult iplied by a fraction whose nume rator is ten (IO) minus the number of full years from the Occupancy Date to the date of the CITY 's fa il ure to pay and whose denominator is ten (10); OR (b ) Elect to keep this Agreement in effect by remaining a subtenant pursuant to the tenns hereof without payment of the amounts set forth in Sect ion 16 l and , notwithstanding an y provision to the contrary, have the right to remo ve any or all works of art described in the Artwork Installation Plan or in Exhibit F without the consent of Englewood . ARTICLE XVII MOA OBLIGATIONS, PERFOR,\:JANCE, A~D REPRESENJ;\TIONS 1 7.1 MOA Opentions. MOA will continue to operate, maintain and enhance a world- class museum and art education program at CityCenter. MOA will develop programming that may -1 6 - ' ..: • . ' .. ) I· 0 • • .. ,, .,.-• .\ • ,. .. • - .... -. include , but not be limited to, art educat ion-based exhibitions and special events such as the state- wide Design and Build Competition ; state-wide education-based gallery exhibitions and special programs ; concerts, workshops and festivals in collaboration with Up Close and Musical , musicians from the Colorado Symphony Orchestra, The David Taylor Dance Theatre , and other Colorado and resident arts organizations ; and temporary and permanent art installations of approximately Si ,000 ,000 in value . Notwithstanding the foregoing description of operations , should any of these operations terminate at no fault ofMOA, there shall be no breach of this operations requirement , but , MOA shall thereafter use all reasonable efforts to replace the terminated operati on -with a similar one . MOA shall continue to market all of its programs and activities at CityCenter MOA will develop a resident art education discount program for all residents of the City of Englewood , Colorado in collaboration with the Englewood Cultural Ans Commission . 17.2 MOA Representations. MOA represents to the CITY as follows (a ) MOA has been recognized for its effom in bo th ··_.\m ·· and ·'Educat io n ., (b) The Govern or of Col orado and th e Col o rad o Council on :he Am hono red MOA in 1995 -with the Governor ·s Award for Excell.mce m the Arts . Color ado· s highest arts honor (c) In 1993. MOA was presented -with the _\,fuseum Educator of 1he rear a\>.r ard from the Colorado Art Associat ion and has also been praised for art and ed uc:11: n by all th e maj or art and news publications in Colorado , including Westword 's "Bes1 of Denl'er: Bes t .--lrl Cla sses f or Kids"' 1995 (d) MOA currently offers ap proximately SO classes differing in focus and durat ion in each of three aMual sessions (e) MOA currently pro ,ides art educat io n sen ices for three times as man y primary school students as the Den ver Art '.'vluseum (t) MOA produces spec ial programming throughout each calendar yea r. (g) MOA maintains a minimum annual budget ofSS00 ,000 which it shall maint ain so long as its gross income from all sources equals or exceeds its gross income for 1999, and should its gross income fall below the amount for 1999, the minimum budget shall reduce onl y in proport ion to the decrease in gross income . (h) Up Close and Musical was established in 198 7 as a Colorado non-profit organization and independent affiliate of the Colorado Symphony Orchestra . It has performed over 500 concerts to thousands of people throughout Colorado , and the majorit y of its presentations are geared for elementary school audiences . Its versatility lends itself to adaptat io ns for expanded programming to audiences of all ages at CityCenter . (i) MOA shall spend at least $50 ,00 0 per year for its programming as described in Section 17 .1, and , no laterthan August 31 of each year , MOA shall pro,ide a report to the CITY describing the programs provided and costs incurred during the preceding year of this Agreement with respect to all programs prO\,ided at CityCenter . -17- ------·-· ~ . ) I • 0 - • .. • ·-~ ' • •• .. ,\ ... ' .. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. CITY OF ENGLEWOOD Attest : Its : 'llQnas J, Burns , Mayor by: _______ _ City Clerk -Loucrishia A. Ellis ENGLEWOOD ENVIRONMENT AL FOUNDATIO N, INC. by : _____________ _ Its : ______________ _ STATE OF COLORADO ) ) 55 . COUNTY OF ARAPAHOE ) The foregoing Governmental Agreement and Sublease was subscribed , acknowledged , and affirmed or sworn to before me this _ day of , 1999, by , as ---------of Englewood Environmental Foundation, Inc . WITNESS my hand and official seal . Notary Public (SEAL) Address My Commission Expires : -18 - ', .. . ' ' ' . I· 0 32X - l .. • • ••• ... THE MUSEUM OF OUTDOOR ARTS STATE OF COLORADO ) ) ss . COUNTY OF ARAPAHOE ) ,\ 'l .. ', The foregoing Governmental Agreement and Sublease was subscrib~oAYle!~e~ ~rmed·:':::::-before me this iJ:/!'itay of J.b4 ~-;<-tt99, by l'/'l., -. ,t., ~A~ ofTheMuseumofOutdoorArts. {lj,~""= WITNESS my hand and official seal . ~~L',1c.~ Notary Public (SEAL) ID) . Cl,}nfi-.A 0 ; My Commission Expires : 1e-u-1f2 -19- , .. ...: ....... ., .. I . 0 32X - • • • • _.. • • •• EXHIBIT A TO .. GOVERNMENTAL AGREEMENT AND SUBLEASE between THE CITY OF ENGLEWOOD, COLORADO ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. AND THE MUSEUM OF OUTDOOR ARTS Legal Description for 1000 Englewood Parkway '· . .\ " .. ..., .. .. . ' ... I . 0 - • • -,------------------------.. ,------------------------------------- . \ • .. • · .. •• .. "EXH:BIT A" PARCEL A: ENGLEWOOD CIVIC CENTER SITE A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUA.ll.TER OF SECTION 33 , TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P .M., COUNTY OF ARA?AHOE, STATE OF COLORACO , MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33 ; TH~CE NORTHERLY ALONG THE EAST LI:-.E OF SAID SECT!ON 33 A DISTANCE CF 68 .0 0 FEET TO A POINT ON THE NORTH LINE OF WEST HAMPDEN AVENUE (AS SAID NOP.TH LINE EXISTED PRIOR TO THE GRANT OF EAS~"lTS IN INSTR UMENTS RECORDED IN ECCK 1714 AT PAGES 412, 423, 426 AND 429); THENCE EASTERLY ON AN ANG::.E TO THE RIGHT OF 90 DEGREES 07 MINUTES 26 SECONDS ALONG SAID NORTH LINE A DISTANCE OF 163.00 FEET; THENCE NORTHERLY ON AN ANGLE TO THE LEFT OF 90 DEGREES 00 MINu"TES 00 SECONDS A DISTANCE OF 405 .00 FEET TO THE "TRUE POINT OF BEGINNING" OF A PARCEL OF LAND DESCRIBED AS EXCEPTION "A" IN BOOK 1807 AT PAGE 713; THENCE NORTHWESTERLY ON AN ANGLE TO THE LEFT OF 4S DEGREES 00 M!mJTES 00 SECONDS ALONG SAID PARCEL A DISTANCE OF 384 .00 FEET; THENCE SOUTHWESTERLY ON AN ANGLE TO THE LEFT OF 90 DEGREES 00 MINUTES 00 SECONDS ALONG SAID PARCEL A DISTANCE OF 480 .00 FEET; THENCE NORTHWESTERLY ON AN ANGLE TO THE RIGHT OF 90 DEGREES DO MI:mTES 0 0 SECONDS ALONG SA!D PARCEL A DISTANCE OF 70.00 FEET TO THE TRUE PCI::r.' OF BEGINNING, SAID POINT BEING SITUATED 2S.OO FEET SOUTHEASTERLY FRCM THE SOUTHEAST FACE OF THE FOLEY'S BUILDING AS MEASURED PERPENDICULAR THERETO ; THENCE AROUND SAID FOLZ'/'S BUILDING THE FOLLOWING SE'VEN (7) COURSES : 1 . NORTHEASTERLY ON AN ANGLE TO THE RIGHT OF 90 DEGREES 00 MINUTES 00 SECONDS, PARALLEL WITH AND 25.00 FEET DISTANT FF.CM SAID BUILDING , A DISTANCE OF l4S.OO FEET; 2 . THENCE NORTHWESTERLY ON AN ANGLE TO THE LEFT CF 90 DEGREES 00 MimJTES 00 SECONDS, PA.~LEL WITH AND SO.CO FEET DISTANT FROM SAID BUILDING, A DISTANCE OF 262.00 FEET; .. .. . ' I • 0 :]- • • • --. \ • 'l ' .. • •. - .. ... PARCEL A (CONT'D): 3. THENCE SOUTHWESTERLY ON AN ANGLE TO THE LEFT OF 90 DEGREES 00 MINUTES 00 SECONDS, PARALLEL WITH ANO 10.00 FEET DISTANT FROM SAID BUILDING, A DISTANCE OF 125.00 FEET; 4. THENCE NORTHWESTERLY ON AN ANGLE TO THE RIGHT OF 90 DEGREES 00 MINUTES 00 SECONDS, PERPENDICULAR TO SAID BUILDING, A DISTANCE OF 70 .00 FEET ; 5. THENCE SOUTHWESTERLY ON AN ANGLE TO THE LEFT OF 90 DEGREES 00 MINUTES 00 SECONDS, PARALLEL WITH ANO 80.00 FEET DISTANT FROM SAID BUILDING, A DISTANCE OF 165 .00 FEET; 6 . THENCE SOUTHEASTERLY ON AN ANGLE TO THE LEFT OF 9 0 DEGREES O O MINUTES 00 SECONDS, PARALLEL WITH A?ID 35 .00 FEET DISTANT FROM SAID BUILDING , A DISTANCE OF .332.00 FEET; 7 . THENCE NORTHEASTERLY ON AN ANGLE TO THE LEFT OF 90 DEGREES 00 MINUTES 00 SECONDS, PARALLEL WITH ANO 25 .00 FEET DISTANT FROM THE FACE OF SAID BUILDING, A DISTANCE OF 145.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO . ' .. .. •' . ' ' . ' ' . I .. • 0 32X ---------------------------~ .... ~~-~ - • l • • ... 7 .. .. · .... • • •• EXBIBITB TO .. GOVERNMENTAL AGREEMENT AND SUBLEASE .. THE CITY OF ENGLEWOOD, COLORADO ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. AND THE MUSEUM OF OUTDOOR ARTS Plat or CityCenter . \ ' .. .. , . '• .. . ' .. .. .. ' . I . 0 • • ' [ --~·::·=:-·-1 ·-.. ··---... -·-· ·-···-··--··-" ·••••--·-u•- ! I ..-.p·, I I -\'""lr ,·.,ro -• .. " /" . • ,. ' •, • . ~ -' ' 0 FINAL PLAT ENGLEWOOD CITYCENTER FILING NO. J. A PAIIT or TD SS •I• or SICTION 33 , AND A PART or THE 511 1/t or SECTION St TOIINSIIIP t SOI/TB , 11.lNGI ea QST or THE ITU P .11. CITY or INGUIIOOP, COUNTY or AIW'AIIOI, sr,n or COLOIW>O I wn. ') / ' " II ' . ' • I ~ I p1~~~..,.:==,E.i.llili:;!!tJ~~;,i.l-'d11,U:+...,.;~!!!!.~~·!!....~...:..__ce!!.!'-...,,.r'-1 ~-t. ~ ll'L'M"- • I ..... ,-. . · :tr.-:~~~·..-·"' ,/ ' · .,i:':.:',;.~;~;.:t: .... ,..,. 1 IJ ' ' ~·-· ; (,lf.'I\Pf ,~I /\, : L : I •. C&Mall .... ~' .' !·; . 1 • 'J[ ., j fl UP' I CIT f or f/Jfu 1 '-'•11,;i (llf 11/"I,, r. ;. r, 0 . r cl 0 - EXHIBITC TO • • • .. .. GOVERNMENTAL AGREEMENT AND SUBLEASE between THE CITY OF ENGLEWOOD, COLORADO ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. THE MUSEUM OF OUTDOOR ARTS Eumpt Purposes of The Museum of Outdoor Ans . \ 'i .. ' ' '•.· . .. ,. • I ' . ... ,. ' . I . 0 32X - .. • --.. ,\ • • ' • • -.. ' MOA'S EXEMPT PURPOSES The Corporation is formed exclusively for charitable and educational purposes within the meaning of Section S0l(c)(3) of the Internal Revenue Code of 1954 as amended (the "Code"), the principal purposes of which shall include, but not be limited to , the stimulation, promotion and development of the interest of the general public in ,:very manner of an forms through the organization and operation of outdoor and indoor museums, the holding and sponsorship of music concerts, an exhibitions and theatrical and dance performances, all for cultural and educational purposes and to perform every act or acts necessary for , incidental to or coMected with the furtherance of its charitable and educational purposes and generally to do anything permitted of an organization exempt from Federal income taxation under Section 50l(c)(3) of the code . '· ' ' • • .. I • I T C ~ ... ..: ., ... • I . .. " ' ~ ' • I. 0 32X - • ,,...... • • •• EXHIBITD TO .. ' ' GOVERNMENTAL AGREEMENT AND SUBLEASE between THE CITY OF ENGLEWOOD, COLORADO ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. THE MUSEUM OF OUTDOOR ARTS Drawing of Demised Premises ()luseum Space) .. ' • .. .. . . \ '> •. .. ..: ., .... • I ' ' ' I . 0 32X ~ -• . , • -' • • ... .,...., ,.,t-.,1 11 ... ., • LOBO~ • ......... • I ., ' .. .. ' . --......-~· ' ' ,_ l I J ·( 0 ,,. '"' -,,. IOI ':;,;Y -. IO• \1HI IOJJ \0, ll'I~. 1n~ \(119 1n1· 101 .... ~,,. ... = : .. .;----.... ""- ~-:..· ....... -· ....... MusE u M ot: ovrooon. A/l. 1 LEASE. ,Oil.EA 2"" FLOO" µaoei .............. _ t ' ' II: 1/J ~ z 1/J u u > u Q I ~ I 1/J "-----~- e 1199 -· ... ~ ..,., . .,. .. •,,:2-, 0 . ]- ~ --• • •• EXBIBITE TO .. . ~ GOVERNMENTAL AGREEMENT A.~ SUBLEASE between THE CITY OF ENGLEWOOD, COLORADO ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. AND THE MUSEUM OF OUTDOOR ARTS Specifications for Demised Premises and Common Area ... ,. ~ '·. . \ .. . ') ~· ... • ~ .. ... '' ' .. ' . ' I . 0 • .: .... • • ... Specifications for Demised Premises and Common Area .\ '> Extent and Expectations of the Core and Shell Finish for Englewood Cultural :\rt Museum of Outdoor Arts and David Tavlor Dance Studios : Flooring • Floors shall be Sealed Concrete. Exterior Walls • Existing furring shall be removed leaving expo ed existing concrete bl ock wall s and reflective glass block. • Damaged existing glass block shall be repaired o r repl.lced. Interior Separation Walls • 2 Hour wall construction East of the North ~lam St.:iir hall be 3 1.iyers of 3,8 " Type-X gypsum board on the stair side and 2 layer of .3 " Type-'( gyp um board on th e tenant side o f 6" meta l studs w/3 -1 /2" sound attenuation insulati on . .. • 2 Hour wall construction at histing Exit Stair -sh.1ll be 2 layers f .3 8" gy p sum board o n each ide oi 6" metal studs w/3-1/2" sound attenuati n in sul.11! n . • Remaining 1 Hour wall shall be constructed o f 1 lay e r o f 3,8" Type-X gyp um board o n each side of 3-5,8" metal studs w/3-1 _ .. sound attenuation insulati o n . Frames (Door and Window) • Access door frame shall be 43 min . hollow metal frame . Ceilings • Existing exposed structure and metal decking has 2-h o ur spray on fire proofing thro ughout . Fire proofing damaged during demolition or construction will need to be repaired by tenant. Mechanical • Exposed ducts of supply and return air to be provided to sa ti fy minimum co de requirem ent s. Electrical • Lighting shall consist of strip flu o rescent tube lighting to sati sfy minimum code requirements . • l\o additional electrical tie -ins are to be provided. Plumbing • Existing sanitary, roof, and overflow drains in space to remain . • l\o additional plumbing tie-ins are to be provided . City will size plumbing to provide for add itio nal restrooms . Fire Protection • Sprinkler supply lines and heads to be exposes as is . Piping changes and heads will need to be rel oca ted to fit proposed construction . Elevator • No access shall be allowed to South East Employee Elevator. ,. . I! X H I • I T E I ., • C, 2X - • • • - EXBIBITF TO .. GOVERNMENTAL AGREEMENT A."ffl SUBLEASE between THE CITY OF ENGLEWOOD, COLORADO ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. THE MUSEUM OF OUTDOOR ARTS List of Artwork to Be Displayed at CityCenter . \ .. ' ' , . ... • I "· ', I . 0 32X - • Jf. . \ • t .. ··, I ....... • .. ... .. PUBLIC ART FOR INSTALLATION IN ENGLEWOOD CITYCENTER Permanent Installations: 1-Porcellino I-Resistance 2-Marzoceo Lions 2-Greek Dogs 1-Wmdsong III I-Brooklyn Bridge 1-The Fence I-Bronze Bear I-Child of Peace 2-Two untitled paintings by Joe Snyder Total. 13 Temporary Installations : I-Spheres I-Marble On My Mind I-Gossips I-Luke the Evangelist I-Two Open Trapezoids, Excentric V . Total: 5 ·, E X H I • I T F ,. .... • I • "· . ' . I· 0 32X - J/ •· --• • •• EXHIBITG TO .. GOVERNMENTAL AGREEMENT AND SUBLEASE THE CITY OF ENGLEWOOD, COLORADO ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC. THE MUSEUM OF OUTDOOR ARTS Artwork Installation Plan (To be added to Agreement at its completion) . \ 'l .. ' .. · .... ., • I • ... ' . ' I· 0 32X -• • - EXBIBITH TO .. .. \' GOVERNMENTAL AGREEMENT A.'ffl SUBLEASE THE CITY OF ENGLEWOOD, COLORADO INGLEWOOD ENVIRONMENTAL FOUNDATION, INC. THE MCSE1™ OF OUTDOOR ARTS ... o•~"·"'tt. .• c.e_.. a.,lali•• of the City Council of the City of Englewood , Color3do . \ ') ' ' 1..· , .. • .. ~· ., . I . 0 32X - ·-' •· --• • •• EXBIBITI TO .. GOVERNMENTAL AGREEMENT AND SUBLEASE between THE CTIY OF ENGLEWOOD, COLORADO ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. Am> THE MUSEUM OF OL"TDOOR ARTS ., ·1 .. ... Resolution of the Board of Direc:ton of Englewood Environmental Foundation, Inc. ' ~ .. ,. \ .. .,. • .. ' .. i I . 32X .. ,. --• -• -.. ... ~ • • .\ " .. ' . /, . \ • .. .. I • 0 32X - • • • RESOLUTION NO. 1/;Q_ SERIES OF 1999 I• ll- '·'" ·' . . • -.\ • " .. • • ' A RESOLUTION ENCOURAGING THE ENGLEWOOD EN\tlRO. MENTAL FOUNDATION TO CONCL DE EGOTUTIONS WITH TRA.\·Th!ELL CROW AS THE RESIDENTIAL DEVELOPER FOR S5 MILLIO:-.-. WHEREAS , The Englewood Environme nta l f ounda ti on wa s fo rm ed t o relieve the burdens which would otherwise be as urn ed by the City o f Engle woo d . Co lorado. in connection with the environmental r e m edia u on . la nd u e plannrng a n d preparation for redevelopment of the Cinderella City s h opping ce nte r : a.nd WHEREAS , the Englewood Ennronm e ntal fou ndauon (EEF) wa s fo rm ed t o prov ide support for the redevelopment and e nhance ment of t he 1t y's co mme rcia l e nvironm e nt a nd 1s a separate and distinct corporation: and WHEREAS, the City Council of the City of Engle wood . Colorad o. a uthori ze d EEF t o conclude negotiations "for sale"' with Legacy as r es 1dent1 al d eve loper fo r S-1 . i5 million doll a r s on October 4 , 1999; and WHEREAS , EEF negotiated in good fa1th with Legacy but was unable t o co me to t e rm s: and WHEREAS, Legacy was unwilling to be co ntractu a lly obligate d to close on the property as requested in February of 2000 : and WHEREAS , Legacy and Miller Weingarte n co uld not co me t o term s co n ce rning retaLI s pace on the piazza creating a S400,000 dollar r ed u cti on in co ntribution to the proiect : a nd WHEREAS , Legacy did not condition closmg upon the clo s ing of Mill e r We inga rte n ; however, it did require this term to be p a rt of the ir due diligence ; a nd WHEREAS , EEF gave notice to Legacy P a rtne r 8 that it was going to begin n egotiatio n s with Trammell Crow due to the open term s that co uld n ot be r esolv e d ; and WHEREAS , the Englewood City Council s upporte d EEF's d ecision to negotiate with Trammell Crow at the same time it was nego tiating with Legacy Pa rtne r s due t o the ope n terms ; and WHEREAS , Tramme ll Crow has advised EEF that they a r e prepa r ed t o m eet the t e rm s requested by EEF and all of the other t e rm s previously set forth with Legacy : a nd WHEREAS . the residential products pla nne d by both co mpa ni es a r e of a imila r high quality nature ; ., ', • I • C, 2 I - • • __. .r ,\ • >, .. .. .. ., I • • .. ... NOW, THEREFORE. BE IT RESOLVED BY THE CITY CO ''.'JCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT : Sectjon 1. The City Council of the City of Englewood . Colo r a do . hereby e ncourages the Englewood Environmental Foundation to co ncl ude negotiation s with Trammell Crow as th e residential developer for $5 million Sectjon 2 This resolution of support in no way wai \"eS or delega tes the City's regulatory powers, duties and responsibilities with re spect to zo run g and governmental is su es . ADOPTED AND APPROVED this 22nd day of :><ovember. 1999. ATTEST: Thoma s J. Burns . :\l ay or Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis . City Clerk for the Ci ty of Englewood , Co lorado, h e r eby ce rtify th above is a true copy of Resolution No ._, Series of 1999 . Loucri s hia A . Ell is ' . .,_ 6 ' ~ ' ... .. ~ . I • 0 32X • • ------------------------·----------------------------- -. ' . .. ---. • • - .1 .. ' COUNCIL COMMUNICATION Date November 22 , 1999 INITIATED BY City Manager's Office/EEF Agenda Item Subject Approva l of reso l ut ion author izing Eng lewood 6 b i Environmenta l Foundat ion . Inc . to negotiate with Tramme ll C ro w Res 1dent 1al I STAFF SOURCE Bob Simpson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has determined that the C ityCenter development would in clude a residential element. Over the severa l months , C ity staff has attempted to secure a residential developer for the site . On October 4 , 1999, City Counc i l author ized the Englewood Environmental Foundation (EEF) to conclude negotiations with Legacy Partners , LLC as residential developer at CityCenter Englewood for a sale price of $4 ,750 ,000. EEF has negot iated in good fa ith with Legacy but was unable to come to terms . RECOMMENDED ACTION Staff recommends approval of the resolut ion. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED While Legacy has provided an excellent product that it is capable of delivering to EEF , in attempting to conclude negotiations with Legacy , the parties have not been able to come to terms on certain key issues . Spec ifically , Legacy could not meet the closing date required by EEF , Legacy was unable to come to satisfactory terms with Miller Weingarten for the reta il space on the Piazza , which in turn negatively impacted the proposed lease price of the retail property being leased by EEF to Miller Weingarten , and Legacy required the closing of the lease with the retail developer as a due diligence term . City Council had given EEF the authority to enter into discussions with Trammell Crow Residential simultaneously to their negotiations with Legacy . Trammell Crow indicated a willingness to meet the terms that EEF has set with regard to timing, pricing and closing independent of the ability of the retail developer to close . • .. . ' I· 0 • • ,, • --. I • . I• : f .. .. ·, .q • .. -.. .. .. EEF has provided notice to Legacy that it is going to enter into negotiations with Trammell Crow Residential. The purpose of this resolution is to formally authorize negotiations with Trammell Crow. FINANCIAL IMPACT The sale price at which the Trammell Crow closing is being negotiated is $5,000 ,000 includes the provision that the retail developer would lease the first floor property on the piazza . The pric e be in g negot iated with Legacy was $4 ,750 ,000 and did not include the retail developer leas ing the ground floor space on the piazza , which would reduce the City 's lease amount from the retail developer by $400,000 . LIST OF ATTACHMENTS Proposed Resolution • ' • .. ,,: " ~ ... .. ' I· 0 .]- • } • • ...... . . • • •• .. ·--........ ·, ,--..... ,J _ ,-._....,... 11/22/9905:47PM ~=~»-;~·~;,».:~.-~ .. ~ • .;,;;.'.;,_,:, . .;,:·.· .. · -:- To : Brenda CutlelCity of EnglewooclOCOE cc: Subject: Ml-.m of Outdoor Arts -1 ·1 . .. .. .. -----,.,_.,....by Sue ........ w/Clly of Englewood on 11 /22/H 05:47 PM··················-····-· -~, .,.~-• ',, .--,, · -/ S.. lradlhaw 11/22/99 05:27 PM ~fiil!J<df,;lbl,.o;"z":.,,>~<<;,·~·=•,",·.,·'.', .. ···· ·:-· .... -~;»'!~ .. v-~~~:_..., ... -....,,.,..-,..;.,. ....... ~ ......... . To: TBURNS0COE, Gary SearsJCity of EnQlewoodOCOE. Beverly Bradshaw/City of EnglewoodOCOE, Oan BrotzmanlCity of EnglewoodOCOE. DGarren/City of EnQlewoodOCOE. Aoo Nabholz/City of EnQlewoodOCOE, Julie Grazulis/City of EnQlewoodOCOE. Mike Flaherly/City of EnglewoodOCOE, Gary Sears/City of EnglewoodOCOE. Mike FlahertylCity of EnQlewoodOCOE. Bob Simpson/City of EnQlewoodOCOE. Jerrell 8lackJCity of EuglewoodOCOE. Lou Elis/City of EnglewooclOCOE, Dan llrotzmanlCity of EnglewoodOCOE cc : Subject: Museum of Outdoor Arts Mr. and Mrs. Raymond Conklin, 4795 South Kalama1h Street Have lived in Englewood for fifty years and .. against moving MOA into Englewood. They know there are many people in Englewood who .. on a fixed income and can't afford to be paying MOA $95,000 yurty. They feel that thoN fundl should be apent to halp other people with things like the sidewalk dlatric:t and c:oncma dletrlct. MUleUffll and art .. fine but Englewood residents have other needa. Thera .. a lot better weya to~ the money rather than on MOA. They definitely do not want City Council to sign a lule with MOA. And they do not want the City to give MOA anything. An outdoor sculpture garden would not be appropriate for Englewood and the tax money should be used for something else. Please call them at 303-781-2197 . ,.. . ' .. ' • ' .. • • ) I· 0 - • • • .. ~ --.\ • )i . .. .. ,,,. • •• .. .. -...... , ~ ..... --..... , J- To : TBURNS0COE, Gary Sears/City of EnQlewoodOCOE, Beve,ty Bradshaw/City of EnglewoodOCOE, Dan Brotzman/City of EnglewoodOCOE, DGa,rettJCity of EnglewoodOCOE. Ann Nabholz,'City of EnglewoodOCOE, Julie Grazulis/City of EnglewoodOCOE, Mike Flaherty/City of EnglewoodOCOE. Gary Sears/City of EnQlewoodOCOE, Mike Flaherty/City of EnglewoodOCOE, Pauletta Puncerelli,City of EnglewoodOCOE, Bob Simpson/City of EnglewoodOCOE, Jerrell BlackJCity of EnglewoodOCOE, Lou Blis/City of EnglewoodOCOE cc : Subject: MOA From Mary Lyoo Baird Her opinion on the Museum on the Outdoor Arts relocation - She suppona the move and thet Englewood nNda men art in the community. She sees the need in the clauroom and with our c:hllcnn. If the chlldran can mm a connec:tion with art, it builds up their conflclenc:e and then they ... able to COflQI* higher achievwnenu . ,, . .. f "~. , . . .. .. • I I • 0 • -.\ • .. • --.. .. " .,.. Cyndie Wadln -.. 11/22199 01 :25 PM ••••••••••••••••••••••••••••••• To : ICity Council, Bob Slmpson,'City of EnglewooCIOCOE. Jerrell 8lacklCity of EnglewooclOCOE, Sue lr....,_,Oty of EnglewooclOCOE, Mike Flaherty,Oty of EuglewooclOCOE, Leigh Ann Hoffhines/City of Englewoo.-cOE. Pauletta PuncereliJCity of EnglewoodOCOE. Gary SearslCitv of EnglewoodOCOE. ,City Clerk cc: S\mject: Citizen Comment Cynthia Secor called me this morning to voice her comment tor tonight's meeting . She was going to IPPUI' In person but la ii and won't be able to make the meeting. She believes that we should condnue to promol9 Cultural Ana and enc:ourlD9 It In our c:ommunitv u well u attracting business to the ... She la In euppor1 of the Muaeum of Outdoor Ana but thinks that they should offer reduced ratN In the fonn of ICholarahipa or sonwthlng lib that to our youth, M11ior1 and others who might need filwlclll aid In order to pa1iclpate. If you would lib to talk to her she will be back in her office..., about 3 pm today. The number there la: 303-777·3461. Thank you. • <. ' . "· ' ' ~ ... .. I ~ 0 I • 0 . ]- • • • _ ........ DAVID OW•N TIIYaA AllCHITICTS 19 NOYClllber 1999 l!actewooct City CCMD:il O&y of l!apwood !qtcwood, CO. 80110 . , • .. • - u~. MID raw~~~ plaal 0111 of Raia. 1 UI llot ;:,le IO=-1h9 ....... c~ CCNIICil Mcctills °" Monday, No~ 22 .. ID pcrl0flell7 ~ Ill)' 1&rvn1 ,upport _. • lsor,orauaa o( .. MOA ia&o CiiyCnpr, Tbemo,w. J would W. 10 ~ co }'IN. • ....,., Ille ,·ital ~ of Ille 111Ch1sioll of Ille Mlllnftl or Outdoor Aris ,n die CiayCc:ucr ~- , . Tbc MOa\ 's UIICa,adc,11 iDto die CiiyCar,r con ... 11 beyolld !heir comributiOM ol lhe phy,,~I xu~. lllsy 'WIii tiring to En11ewood a dedication IC e~on, to llt, aad tO divUJiiy in the la."ICbcalp . They wiD l'fOfflOU an4 KCWIUlfa Iha activity thM wm help ro ddinc Ci&yCsnll9r En3lcw1Xld . ne 1bouptf..U,, l~ated ouldoor ~ wiJI PfO"id• plac:n for pe<:ple co ;,.. for a ~nvus.uion 01 ssli IWICll iopdl«, aa W911 at1 lddi"I ~at to ttic day-to-day pcdcsuian/c;ommukr uperienc:. I kd CIIIC die iadusioe of die MOA 1111D lbs Cil)'C'...., is OM L"lll 9bculd ROl be takn liJhtly . Plnse do noc ) pag up lbil ~ oppqr1uaity . CC : Toat lurm Oar)'San 9obSimpsoa AlaudraH*llialt C')arhia Maddcfl Mayor Caty Mana3rr Dinc:tOt or Ntipl,orhood ud B1iSUIC$I °""•lopllltll la.Counc:11 MCllllla TIN Mu1e11121 of Ouldoe, Alts ,,2. &..,• .. Sot- o ....... c.a....a. h203.1a1• ,.,,,,, .• o,o I • 0 32 ,x, - ~ --•l • " . .. .. ;,I; • •• .. ' -.... 11/18/99 12:54 PM To: Lou Elilltity of EnglewoodOCOE, Brenda C.ltlelCity of EnglewoodOCOE, Ma,v White/City of &igiewoocit,COE cc: Subject: Public COIM*tt Sign-up Rosemary LaPorta called to lign up to speak at Monday's meeting -I told her I would let you know so you could put her on the lilt. 11 that olcay7 Oh, and Eric Elertoluzzi !Cultural Am Commi11ion Chair! would .. to speak. too. Thankllll • .. • .. ,. ,,; ' . ,, ~ .. • I • 0 3 -I • .. • • - ' . I· 0 ~ ' . • ·.] .•. ' ... .. . . • ... • - 0 I· 0 • ·.]- • • The Mueeum of Outdoor Arte' Commitment to E.,.a.,ocd A~at~.M Puulic art, art education. exhiuitions, performances, tours, special events NumNr of Art...._"' 13 permanent, 5 rotating Value or P'ubllc. Art- $1.000.000+ Commerdlll ~ Valu. of Art- $100,000/year &hllltr. .... P'~- $50,000 minimum annual uudget MOA'• Upfront C.pttal Coete- $500,000 (Paid l,y MOA) ',. ,-~.--· . MOA'• Annual Operat1ne ~ .. $500,000 minimum, currently $1,000,000 The City of fnel4M'ood'e Commitment to MOA'e Preeenc:tJ Annual ~ Contrlliutlon- . . $96,000 plus in-kind 5ervices est. at $30,000 Art ln.callatlon E>cpenee. .. $100,000 l,y City, any additional l,y MOA • .. • --• , . • • -' A 5Nlpehot of MOA Youth P'roerame". .\ ) .. ... ~ Clas5es, tours, performances, competitions, special events At.lult P'roerame ... Classes, tours, lectures. specia l events lnternehlp f'roerame". Students can work for MOA and earn college credit in paid and unpaid internsh ip pos it io ns. Doc;ent f'roerame. .. • Volunteers interested in uei ng an integra l part of MOA's operation rece ive arts education. tour artists' studios and attend lectures as a means of uecoming highly-educated in the programs offered at MOA . lnc:entlws f'roeram fDr EntleMICMI RaeWente ... MOA is working with the Cultural Arts Commission to estaulish a resident incentive program to include discounted classes and customized after-school programming . Colla!Jonltlw, Ralatlonehlpe ... In an effort to uring more d imension to its programs, MOA collauorates with a numuer of arts agenc ies to uroaden the community's arts exposure . MOA has estaulished work ing relationships with the David Taylor Dance Theatre, the Colorado Symphony Orchestra, Up Close and Musical, the Denver Art Museum, and the Colorado History Museum. MOA also plans to foster partnerships with the Englewood Rec Center, Englewood Puul ic Liurary and Englewood schools to further enhance their arts programs. • ,. ' . 1 0 Location at Eftelewood CIYlc: Center ... Seco nd floor, approx. 7.000 s f Leaee Afreement ... 20-year agreement NumlJer of etudente ... 4,000+ students & teac hers/year NumlJer of Staff ... 50 Full-time & Part-time staff, teache rs and docents 0 If MOA does not occupy its proposed location at the Englewood Ci vic Center. the Ci ty of Eng lewood wou ld have to fi nan ce the co nstruction finish of the spa ce. OMOA's collaborative re latio ns hips would expose the Eng le wood community to arts orga niza tions and program s that the Ci ty is otherwise unaule to afford or offer. OStudies ind icate that for every $1 spe nt on the arts, more than $4 are generated through restaurant, hotel, reta il a nd transportation sales. The presen ce of cultural arts at Ci tyCenter Englewood is expected to lure students, artists, art enthusiasts and visitors to the area on a daily t:,asi s t o not only enjoy the arts, but to support the rest of Englewood's economy. For -lllfDmurtlon on the M-of Out.ioor Arte, cal ~)74Ml609 . 0 • • • The M useum of Outd oor Arts 15 und ed by: & ..................... ......... , ....... ·• - Uelng art to teach critical thinking elcllle . • Providing Cultural Art5 at CityCenter Englewood - • • • ... • .... " .... • •• ' MEMORANDUM To : City Council Through : Gary Sears, City Manager From: Michael Flaherty, Assistant City Manager Date : November 18 , 1999 Subject: Museum of Outdoor Ans lnfonnation .\ .. I have attached information provided by the Museum of Outdoor Arts in response to questions and requests of Council members during the special Cit y Co unc il meeting of November 8, 1999 . Representatives of the Museum will present this and other materials to Council and th e public during the Public Comment portion of the meeting on Monday, October 22. 1999 In addition , MOA will have mounted photographs of artwork to be displayed at CityCenter, as well as other informational materials relating to programs, events and exhibits . • .. . ' .. . ' .. I • 0 32X • • .. --.\ • , . .. . • -.. --.. ... 0 AGREEMENT SUMMARY AND FACT SHEET THE MUSEUM OF OUTDOOR ARTS Attraction5 at CityCenter ... Number of Art Piece5 ... Value of Public Art ... Market Rental Value of Art Exhibit5 and Performance5 ... Program5 for Youth ... Number of 5tudent5 ... Di!;count5 for Englewood Re5 ident5 ... Location at Englewood Civic Center ... Number of Staff ... Hour5 of Operation ... Lea5e Agreement ... Parking Requirement5 ... MOA'5 Upfront Capital Co5t5 ... MOA'5 Annual Operating Budget ... Annua l City Contribution .. . Art ln5tallation Expen5e .. . P blic art, art education, ex hi :i it icns, performances, tours, spec ia l e· e t s 3 permanent, 5 r otating $i, 00, 00+ $ 0,000/y ea r Classes, t ou rs, perfcr arces, '.:;O~pe :.,:.ions, specia l events 4,000+ s -de ts & tea ch e~s.':,ear o r ki g Ni~h t he C lt:ura l ~ r:.s c rr.,ss iori :.o establis a res id e t :scc1..r :. pro rar1 Secona loo r, aporox . -.ooo sf 50 FT & 0 star/teac ers !o cc ents C r rent lJ 'v on.-Sa t ., b1..t ta ilc ea t o CityCe ter neeas 5 years, pl s t hree 5-year op t ions 40 shared spaces (which are accounted for in t he City's park i ng management plan ) $500,000 (Paid by OA) $500,000 m ini mum, current: $1,000,000 $96,000 plus in-kind services est. at $30,000 $100,000 by Ci t y, a ny additional by MOA , .. ., .. ... 0 I· 0 32X • I ' • .. ~ --• ' . .. .. . . • -' THE MCSECM OF OCTDOOR ARTS ENGLEWOOD CITY CE~TER :woo THE MUSECM Of OL'TDOOR ARTS .\ ... ... " 17' years of successful operation. Established in 1982, The museum of Outdoor Arts (MOA) is committed to providing the community with direct access to quality arts experience in a fully integrated outdoor environment through concerts, lectures, cultural performances, class, and school programs. As a "museum without walls,'' MOA is unique in the Rock y \,lountain Region and only among a few such places throughout the world. MOA offers the pubiic a blend of .1rt , architecture, and landscape design. Reco10tized for both the "Arts'' and "Educ.1tion··: "Governor's Aw,1;d for Excellence in the Arts " 1995, Color.1do highest arts honor, Colorado Art Edu.:Jtion Ass oci.ition, ''\,!use'.lm EduCJtor of the Ye.1r'' 1993, Westword's "Best of Denver'', .1nd "Best Art Clas ses for Ki d s" 1995 . Multi million doll.ir art colle.:tion . Over l million dollars worth of art to be displayed at the Englewood City Center including works by renowned sculptors s uch as Red Grooms and Harry \!arins ky . MOA will continue to oper.ite .ind m.1int.1 in .1 wor!d-da ss museum and .ut education progra m .it the Englewood City Center with a minimum ,rnnu.11 budget of S300,000, includin g J S50 ,ll00 annual exhibition .ind s pecial events budget. Current \I OA st.iff indudes 50 full ,ind part-time staff, teachers and docents. '.\!u s eum is open Monday -Saturday. Currently MOA offers approximately 50 clas s es di fferi ng in fo.:u .ind duration ( K -12 and Adult) in each of three annu.11 se s ions .ind provides art education services for three timt>s as many prim.1ry school students a s the Denver Art Museum. ProgrJmming mJ y indude, but is not limite ,1 to , state-wide and Englewood publi.: sc h ool tours and classroom programs, the state-wide "Design .1nd Build Competitionn•," state-wide educ.1tion-based gallery exhibitions .1nd special programs, concerts, workshops .ind festivJls in collaboration with Up Clos e and i\lusic .11, musicians from the Colorado S~·mphony Orchestra, The David T .iylor Dance Theatre, and other Colorado and resident .1rts organizations. Additionally we will develop .1n Englewood resident/City Center art education dis.:ount program in collaboration with the Englt>wood Cultural Arts Commission. . ' ' • I • 0 .]- • • • _. .\ • . • • •• .. .. .. OVERALL MOA A.'SD ARTS CONTRIBUTION TO THE CITY Attract thousands of people DUtually to the area (in Colorado total attendance of scientific and cultural organizations exceeded the combined home game attendance for the 1994 -95 Colorado Rockies, Denver Nuggets .rnd Denver Broncos). Generate annual revenue to the City through direct and ancillary spending (increase the average consumer length of stay and repeat visits, and for every Sl spent on the arts, more than S4 are generated through restaurant, hotel, retail and transportation sales). Help to increase the value of commercial and residential real estate in the surrounding area. An integral part of the overall vision and design of the new Englewood City Center. Leverage City dollars by supporting the Arts and gaining city wide programs that the city would otherwise not be able to .ifford or offer . • information ba5ed on Colorado Business Committee for the Art s 1991 studv. note: The Greater Englewood Chamberof Commerce and the Englewood C~ltur:il Arts Commission endorse and support the cultural .uts plan at the new Englewood City Center . ' "- , . ... -.. I • 0 .o- • --., • > ,. .. • •• .. ... ~pr -1 9 -99 09:35P Lp Close and _\,f:.si ca l Since ils cn::11 i;,n 'n De~::nt:er. !98i, Cp C!c.1c and .'.Jusi,ai (L'C.~.\!) .1.1, ;1,.::1 mo r,: lh :in 500 :one=~ 10 n=ly 1 :0.000 ::ou.--:g i:e o;:i le ;ind ac ui,~. !ndu.:::·J 1r'. it= ac :iv:ti es h.ive t:::::n :ocr tc urs th ro ~:iout Co lcr::.:!..i. ;pcr15o n::: ',y tr.~ ,.1::,,u ' Er.dowr.1c:ll for the A:-:s am! the P;,;b;ic S.::-:i c:: Cor.ip,,-i y o: C..il0r:u.:,• D'..~n:.; the n:or ga.,izat:or. of tl':e J,::,,;cr Sym pr.cn:: ir: l co l). LC.l.~I ;r:::.ir.t.!::·d n, musi.::i! pn:ser:ce ir. th e sc:1o o ;s :u:c t.:ci ~: inc o:-;:::i r:n ::: .15 :. nc·t· · ···-;:·L (,! oqµn :zatic n. Cu:-:-c:1t:~-it !S .l.l'1 :nd .:;:,-::.d ::1: 1.•L :::t ~ ::,f :h,: Co l rad:: ~: n· .. 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' ,, 'I. • ~ • .. • I • 0 32 I . ] • , ... lt-l ... _ ........ • •• 1 9 .. ' 9 .\ I .. 9 EX HI B CALE I N TIO N D A R JANUARY -FEBRUARY :: Colorado Scholastics Exhibition Coloraco m1adle and high school students. This j uried exh1b1t previews srudent works prior to the n c r ienal exhibition 1n New York C ity. Opening Reception Janucry 22 . 5 .0 0 p .m . Exh1b 1ti cr. dates January 8 -February 5 Madden Gallery Synchronous Forest: The Dance of Nature and Technology Lindy Lymon and Jeremiah Lyman Moore An emers1ve environment integrati ng paintings with soundscapes . illuminating the contemporary continuum between danger and nc!.ness. menace and blessing . Opening Reception February 18 . 5 :00 p .m . Ex h1 b 1t1on dates February 15 -March 19 Mcdoe--. Gallery MARCH -APRIL "The Spot" at MOA Arr1sts frcm Denver's "The Spot" create their version c a "spot to be." Intensified comt:1r .c t1 on of music . painting . dance and pcet ry . Opening Reception April 8 . 5 00 p .m . Exh1 b 1t1o n dates March 2Q -April 30 Madden Gallery Annual Design & Build Exhibit W inning sculpturn from the 1999 Design & Build Ccmpet1t1on for High School Students. Exh1b1t lcn dctes Apnl 15 · June 1 Vanous Museum locations Tr e VL.sei...m of Ouraoor 4rrs f,r t:;,r,on Procrcm 1s "i.. -cec n ;:;err o y •ne Sc ren ,,,~ enc C ..itturcl Fee ·es:: srncr--.Arcocroe COuf\'"y Cu1r ... ,01 Counc tl an · .... 2 g affisf+i sf•:· --1 MAY -JUNE -JULY Elementel Energy: Earth, Air, Fire, Weter MO.O. er s,s ::·ec e s,'e-sc ec 1c or p lcc ec on vcr,cc.s cc:: .crs -nro1,.;g 01,.;1 ·:-,e \.-u seun Openirg ,e::eoncr ,;>ugL s-5 CC ;:; r Exh1 b 1t1cr cc ·es 'I. c 15 -c er1cer' 5 V e nous cc ::-ens Once Upon a Time ... Teles Written in Stone M caeline W ie ner . A nn C u r ,n1ng er Arr Laugesen. Julie M c re n . a n d Jc yne we, Hargrove TO UCHABL!:. fc1ry srones en the walls . 1n •re hall. on the fleer e nd ouT The d oor .STONE Opening Re::e::::nen M e y 13 . 5 CO pm . Exh1b1 t1 c n ccres M e y 10 -June 1 Madde n Gall ery Let's Go Fly a Kite Master Kit e c;y er Geo rge Peters and his colleacu es oroduce a k ite ft v 1na festival sim ilar to m c ny perfo rmed 1nternationally from Pens ro ew Zealcnd to India . June (dcte :o be announced) Samson Per'< Persistence of Motion INC ITE F:LMS end Rodney Lontine A film e xi::es 1t1v e on the art. sc ience . and h istory of f il m mck1ng through persistence ot motion. Opening Receot1on June 24 . 5 00 p m . Exh1b1t 1on der es June 2 1 -July 23 Madden Gall e ry AUGUST Zippity Ooo Doh MOA students c reare an environment featuring the visucl effects of music . Exhibition dct e s A ug st 9 -September 10 Madden Gall ery .. • I I • 0 3 xi .. • --. \ • ) t ~ ·, .. .. . . . . • -' ... ~ FOR IMMEDIATE RELEASE May 21, 1999 Subject: Contact: The 2000 Colorado Scholastic Art Awards Exhibition dates: January 10 • February 4, 2000 at The Museum of Outdoor Arts ' Madden Gallery Matt Chasansky at (303) 741-3609 ext. 29 i 2000 Colorado Scholastic Art Awards Excellent Photo-Opportunity! 280 pieces of artwork will be clio se11 from the more tlzan 2000 entrie s in tlze lar ges t a nd mos t prestigous exlzibition of student art in the state. Since 1923 the Scholastic Art and Writing Awards has provided the countries premeir y oung creative talents a chance to be recognized for their outstanding achievments . This y ear, 100 of Colorado's middle school and high school artists will be selected to represent the state in the National Scholastic Art Awards in N ew York City, and will have the opportunity to be display ed at the Concoran Gallery of Art in Washington D .C. For the fourth year, The Museum of Outdoor Arts will be hosting "Scholastics." MOA features exciting public sculpture, award wining classes and inspirational performances in addition to the frequent exhibitions in MOA's Madden Gallery . Scholastics fills The M useum's wall space to brimming with the exciting work of Colorado's next generation of talented artis ts . This y ear's e xhibition is funded by The Rotary Club of Denver, The Museum of Outdoor Arts and the Colorado Art Education Association . **More·· ,. ' ~ .. ' '-. ' ' ~ ... I· 0 - • .. --• • •• .. .. .. ,\ ) .. ' .. The group of judges, composed of Colorado's most talented artists, college proffesors and arts administrators will have the overwhelming task of carefully narrowing the field of more than 2000 pieces of artwork down to 280 exceptional examples of the state's best talent: 80 will be awarded the Certificate of Merit 100 will be awarded the Silver Key 100 will be awarded the Gold Key, and be sent to N.Y. for National judging. of those 280: 5 will be selected as American Visions Award Nominees 6 portfolio submissions will be awarded scholarships from this years scholarship donor institutions: Colorado Institute of Art, University of Northern Colorado, Rocky Mountain College of Art and Design, Colorado Art Education Association and The Museum of Outdoor Arts Awards for excellence will be presented in each of the following categories: Photography, Painting, Mixed Media, Sculpture, Printmaking, Commercial Arts, Computor Graphics, Jewelry / Metalsmithing, Ceramics, Drawing and Group I (grades 7 and 8) 10 General and 7 Photography Portfolios will also represent the state in N. Y. Awards will be presented at a special ceremony, before the opening reception on January 22, 2000. For more information, call The Museum of Outdoor Arts at 303 741-3609 ext 29 7 . .. End** The Museum of Outdoor Arts is funded by The Scientific and Cultural Facilities District and the Colorado Council on the Arts. If you would like to photograph or film the judging, awards ceremony, opening reception or an y other event during Scholastics, or if you have any questions, call Matt Chasansky at 303 741-3609 ext 297 . ,, . • "· .. ', . .. . "" I· 0 32X .]- ,. . \ • I ~· .• ... ......... • .. •• .. FALL ART CLASS COST COMPARISONS The Museum of Outdoor Arts and: Arvada Center for the Arts and Humanities, Denver Museum of Natural History, Denver Art Museum. Art Students League or Denver, The Curtis Center, Mizel Museum or Judaica. The Museum of Outdoor Arts Art Clu.ws: Program member cost non-member cost ~ Full Day Camp $155 $170 35 hours Half Day Class $85 $95 15 hours Saturday Class $18 $20 3 hours Saturday Adult Class $54 $60 9 hours Saturday Sleepover $80 $88 18 .5 hours After School Class $54 $60 9 hours After School Adven. $60 $66 9 hours High School Wkshp. $100 $120 12 hours Parent / Tot Wkshp. $18 $20 2 hours Averages : member price per hour= $6.27 non-member price per hour= $7 .03 Arvada Center for the Arts and Humanities Promm m,mber c~t AnStart (pre-school ) S 180 Youth Wkshp . (8-14) $49 .50 Youlh Class (8-14) $40.50 Adult Class $54.90 Adult Saturday Class $54 Ceramics (6-9) Promm Grade K-1 Grade 2-3 Grade K-3 Class Grade 4-6 Grade 4-6 Class Parent/Child Wkshp. Hall of Life Class Parent/Child 6-8 Proillin Sleepover (8-12yrs) Weekend Class $28.80 member cost $15 $15 $40 $25 $40 $20 $15 $32 member cost $45 $20 nQn-member cos t time $200 15 ho urs $55 12 hours S,45 10 hours $61 10 hours $60 6 hour s $32 7.5 hours Averages : member price per hour= $6 .4: non-member price per hour= $7 .13 Denver Museum or Natural History non-member cost WM $18 2 hours $18 2 hours $45 5 hours $30 2 hours $45 5 hour . $25 2 hours $18 l hour $36 4 hours Averages: member price per hour= $9 .56 non-membr price per hour= S 11.31 Denver Art Museum non-member cost ~ $55 14.5 hours $25 2 hours per hour mem!;!£r per bo ur non $4.43 $4.86 $5.67 $6.33 $6.00 $6.67 $6.00 $6.67 $4.32 $4.76 $6.00 $6.67 $6.67 $7.33 $8.33 $10 $9.00 $10 per ho ur member per ho ur no n $12 $13 .33 $4.12 $4.58 $4.05 $4.50 $5A9 $6.10 $9 $1 0 $3.84 $4.27 per ho ur member per hQur non $7 .50 $9 $7.50 $9 $8 $9 $12 .50 $15 $8 $9 $10 $12.50 $15 $18 $8 $9 per hour member per hour no n $3 .10 $3 .79 $10.00 $17.50 (3rd-12th grade) Averages : member price per hour= $6 .55, non-member price per hour= $10 .65 ' . "° ..,, ~ .. I • 0 2X ... " .\ • .. _ ........ ', • ', - ' Art Students League or Denver Program member cost non-member cost time ~r ho ur member ~[ ho ur non Adult Saturday Class S60 S90 3 hours S20 S30 Adult Wkshp . S90 $120 18 hours S5 $6.67 Averages: member price per hour= S 12.50 non-member price per hour= 18 .34 Curtis Center or GrHnwood Village Program meml:!!:r co~t 020-member cost ~ ~[ hour member ~[ hour no n Adult Workshop n/a $40 8 hours n/a $5 .00 Adult Workshop n/a $45 10 hours n/a $4.50 Adult Workshop n/a S75 6 hours n/a $12.50 Kids Workshop n/a SlO 2 hours n/a $5.00 Kids Workshop n/a S7 2 hours n/a $3.50 Averages : price per hour = S6. 10 Mizel Museum or Judaica Program member !,Ost non-member cost ~ ~r ho ur member ~r hour nci n After School S60 S66 9 ho urs S6 .67 S7 .73 One-day Camp S35 $35 8 hours $4.38 $4.38 Aver.iges : member price per hour= $5 .53 non-member price per hour= $6.06 Cuss AND CAMP COMPARISONS The Museum of Outdoor Arts and: Active Leamen Academy, University Preschool and Child Care, La Petite Academy Littleton, Kindercare Englewood. Active Learners Academv [E.gram £Qfil duration MOA ccim11arable time ~r hour After School Care S65 15 hours in one week After School Class 15 hours $4.33 University Preschool and Child Care • Program £Qfil duration MQA co m11arable tjme ~r hour After School Care $190 I month ~ hours per day After School Class 40 hours $4.75 After School Care S:!85 / month 2-3 hours per day After School Class 60 hours $4.75 School Break Care $495 / month 8 hours per day Full Day Camp 160 hours $3 .09 La Petite Academy Littleton • Pro&@lll ~ ~ MOA com11arable time ~ I After School Care S.56 / week 1-3 hours per day After School Class 15 hours $3 .73 • School Break Care $117 / week 8 hours per day Full Day Camp 40 hours S2 .93 0 Program Kindercare Englewood ~ d.Y.@!iml MQA com11arable tjme ~r hour After School Care $76 /-week 1-3 hours per day After School Class 15 hours $5.07 School Break Care $123 / week 8 hours per day After School Class 40 hours $3 .08 ,, - I • J • ,, • • -' The Museum of Outdoor Arts was founded 1n May of 1982. The 1ncorporat1on of the Museum brought together a div erse assemblage of works t at were d1str·buted througrcut those prooert1es ,n Gr eenwood Plaza which were owned and managed by :he Jo n adae Compa r ne Muse of Out ccc r A r :s was the manifestatio n of the v1s 1cn of the M aoden fa I . .v o N1s ed to er,ance ::--e aesc ;-et·c "ua .: :i f : e,r bus in ess environments by t he placemerc t ere 1 of a s ,g 1f 1cant ouol1 c art co 1lac:,on r e c ::i:,ec c,on continues t o grow and currently inc ludes o er 4 5 pieces of artwor ~ 'rar, nctad -e g1c 21 n ae .oral. and internationa l artists A lon gs ide the curat:::rial fu rct,ons -a, ta , , g ::--e CQ ll ec :,cn ne i.;seu has foc used ,ts progr am deve lopment on em,cat,on s uoo ort fer region a, ar : s:s a-a a oroaa s c cns;:irs ,p of the perfor ming ar ts . The ph 1l osoch 1ca l d1rec:1ve or t,e M se r1 re s e onas .ze a er e goa1 o' pL.bli c par t1c1pat 1on 1n . and en Joyment of . t he an:s and to :n,s erd t ere are :•,er 5 DOC arn1..a 1 ·1,s,:o rs :a tne Museum through both ,cs tour progra m ard oer'orrrarc e sar ·es A s a ;:: ~er s C" o s e:..,cat .::r·a :iro r a . the cu r r icu lum gu ide co t he ccll ec t 1on Por:ra, ;;f a '1111..s e ..,rn ha5 :ee r ;•v er :o o·,e-s ,, 'c i.;n c re ar ea teachers for their use 1n ,ntroduc ,ng scude'lts not on ; :::i :'.'"e ::oll ec :.cr c_: :: :-e or:::ace r ar : s :.c ::cnc eot s and act1v1c 1es cov ered ,n the boo In add 1t c an arni.;a ;: q ;rarr a ..... a-:;, .-a-:s :::i 3re a :eac -ers .vr o ,ave c reated 1nd1v1dua lly directed pro1ects for t e,r s:..;c e" s :-r ,ch are ::a --ea :::u: n ::o accrat :::c, .v, r :ie M useums ed ucation department The ou tdoor museum ,s a rarefied form of :re :rac1:.ora1 ""L.S eur having its ear liest roots ,n the h1stor 1c preser a:.c r rro er-e r ,n France wh ich expressed t hat cultures r espe c t er s re r :a;;e as represen te d ,n t heir preservation cf a c 1ert bu •a -gs r :-_ last quarter of the nineteenth centur y w 11 e na : s er,:.r ert was at its peak . t he S cand,nav,a s deve 1coe d an ct-er ';:r-::: museum devoted to olk culture . ethn agrap ard scc,a -s :::r ; B eyond cu ltura l ob 1eccs and artifacts w ar: o· cres er ,a : or the Swedish leader of this move men t Ar:"r r aze <L.S --ace efforts to move. restore . and preserve bu 1I C1rg s arc 21,er e -:.r e h1stor1cally s1gn 1f 1cant towns 1n a s , gle 'c cat ,cr " S:cc ,.,o.r-, which opened ,n 1891 as the first open -air useL.n The ce lebration of history and cultura l er, age con t ,r-ec :o be t e ::r rrary purocse 'er :"e c rea t ,o of outdoor museums and thr oughout t he wor 1a he c r m '1 as ::ont1nued :c ::--r · e T r e au ooor rrc.se... of t he twentieth century, which has become more pron ,cc· ate ,soften c cr s aere d n c e context :· crad, ,a na l garden and landscape des ign , re ferred t o o te as a s ci.; at re par~ garde n or ope n-air cc de c c,o n The earlie st outdoor museum ded icated to twent ,et c ent-1r / scu lpture N2S f ounded ,n 1 950 n A n werp . Belgium . The M1dd lehe 1m Open-A ir M useum of S c ulpt1..re s the aides · rrodern sc !pt re pa r ~ ,n Europe . predatin g the famou s Kroller-Mue ll er M useum o Otterio etherlands by ten years Thr ougnouc Europe . and at a graw,ng number of sites 1n the Un ited Scate s ana J apan . the o tdoor museum has beco e a via ble and lauded means of succes sfully e)lh 1b1t 1ng th e monumental work of twentieth cen tu r y sculptors whose work often finds ,ts most com patible s1t 1ng ,n these open and expans ive environments I • 0 • • ----------------------. .. .------------------~--------~ I ' t- SAMSON Jon Le •tner Bronze 966 ' 0 - Dogs have long occuD1ed a un 1q e pos1CJo r 1 :-1r c:,e animal world c losest co t he affecc,on ace cor.ce r-of huma be ings As perc,c oa nts 1n ere ,Lr: as C'.2 ca mper.i ons ,n nature or on e •arm. as t"'e erc_:;r -; trustee gL2rd1an o· ch i reri . aogs -a e bec c:re a• <:-e 1n t e ricresc and oceres: o dwe 11 gs Sere·., a: _r _e to a wester af'· e": s oc e:1 re c s c ::.=: :.: sna re r an e11te 1e ,1 e c.: cc fc ... : a ~::r e:: .. -::. :: .... _ ... an1rna 1s Of all 2r, 1a·s ccgs ::c'"":. -e ~c: c,a,, "': 0 ~ :~c - m1r r o most c !c se i t:'e ac:·v : es a r '::.::s _::· :-e humars N I r wror re·; ,e -re .a e ass,cr.-: :::: ·"' s emoc 1c r a l aent, oe t:.eer ar arc r 1s co nc.o :s::_rre t he r21scn o e r.re •or er e :c gs -,_i-. ,•s c / -r·: s: _ -c. e 1n t he :rester of 11 esce-" fe ar,c = : Co 1ss1cred as a ser: 1~e rc a :r o ·=· erg c amper en of Jo r a-aeri r 1s a ;Je r sona li ze d r adaen s :--"r,re Te rrier SAM S O Ur.ic~e a o g deg oree s :r , ;:-,re Ter ri ers are t he on ly /i C breed na '-::;:-a pe asa c c lass . Re ve red 'or the fide li ·1 gareo unc om on respect fro humans or t heir r ,r•rg o r - s u1t an d destruction o plag e infested rat s r rg :he ravage s of the bubonic plague of t he 1ddle Ag es I • • • ' . Child of Peace by Lynn Till ery evokes quret emotrons: inward turn rn g. contemplatrv e and peaceful. The rrrored . concave Sllrface couched w rthrn the folds of tne bronze ·arm offers the vi ewer a vrsron of the person ult ,m ately res.icns1ble fo r t at e.us1ve state of peace wh ich we eac see~ 1n our own wav -on e's se lf "Chi ld of the Universe · was 1ns.J 1red bv cne ·ces roerata . • an elegant expression 1n arose raoe ccaular our·ng :ne 196D's In Ms Trllery s scu lpture tne ceea : oui;; ts exaressed rn the ·oes rderata· are caacured era ref •ec:ed bac ta t e vi ewer whose face rs mrrrored on its sur ace lrf1uerced b her professional trarning as an inc str1a1 eng r- neer. T1il er s sculature exh rb1ts strong desrgn aestne:1cs and met1c1.1ous craftsmanship. Her work has achiev ed v1s 1b1li t and success 1n the wor1d of ga llery sales . compe:.t ,on s a d pub lrc commrssrans She persona lly takes great pride ,n be ing part of an 1nv1tat1on al ex h1br t for the blrnd rn Denve , 1n 973 She reca ll s the experrence of seeing a blrnd person touc h er work as one of the mast mov ing 1n her career. Lynn Trllery 1s an ar trst pa r t icu larly attuned o tne e ot1ana 1 d1mens1ons of her own concerns and those that s r e evokes 1n response from her aud rence S he takes an extreme ly personal approach ta her work and . qu i e .J 101.e . c :ea s and marnta1ns her sculpture as part of her ded 1cat:c n to quality and commrtment 1n the arts ,. -· • • - .. ' CHILD OF PEACE Ly nn Trll ery Bronze 1984 ' I • 0 ·ti - • • I r • ;a • • • t . .. Grooms ' work can be viewed as a unique st e of urban folk art. The scale of the work ge er ally overwhelms the viewer A wcnd er ul s nt es ,s of theater. c ircus and brash express ionist pa 1rc1ng exp lodes 1n Grooms sculpt re A l though Red Grooms · wor k incorporates a n element of style that as bee!"l called zan y and outrageous , the work exp resses a l so . a: i ts foundation . a sentiment of love and compass ion for the planet and its 1nhab1tancs. W ith its fresh and spontaneous outlook . its articulate and matter- of-fact style. Brooklyn Bridge engages the viewer in a drama that is simultaneously sincere . warm ly humorous and de li ghtfully engaging . as we ll as dizzying, mischievous and mildly sarcastic . Using splashy colors and cartoon-li ke characters . Red Grooms is a prolific creator of a harmoniou s and w itty art. He 1s an historian-cum-poet who works with a little bit of parody, das h of hero- worship , c l ose and carefu l th ink i ng . and determination to bring the modernist trad1c1on into the popular domain . .. • • •• I • 0 • • - .. ,. ~-. • -.. The Brook lyn Br ,oge . after w n1c the Grea r s scu lot re :re 'v c,Seu m was o _e e: connecting B rook •yn w it , Manha ttan ls'aro E !! Yor~ C.: opened ,n 883 ,c ex isted as me larges: s.Js::e-s ,o n or• ge r :ne ,•,c 0 a T-e ::::2 :::,;: :· :-e or = S 5 m1 1!1o n T e first br idge ~o use stee 'er c:a: e N,-e t :--e S r'JC · ..... 5 .... e Nas a·s.c :.--e .. '"S~ :c Jse e ,: cs ~E:i 1ns 1de a pneumatic c aisson during constr :.i c :.c n o .re~c.r g 16 69 :-e br dge ·.::;c '-l , :: ors ·; ~::~u _ :a ~es ·e a series of imme nse d1ff 1cu lt 1es J ohn A ... 91..s:-s Rceo · ng Je s,gr e _ :-e 5S5 feet ::r -;-:: :::; ,:ar•·1 s,, ar::s :;· automob11e traif 1c and a d1s t 1nct broad w e wa :cove :ne ·c ad 'or oe ces:rians , r cci •e ::::_ra:e , ..,r!:? ,c :ec " 2 crowded comme rcial c it y w ,11 be of 1nca 1c_ ac e 2 -e Brookly n Bridge is the most fragile scu lpture in the Museum's co llecc 1on . Due to it's high ly inv1t1ng nature . t he s cul pture entices many peop le to touch and climb up on it. When the necessity for protecting 1t became apparent . the fence . which now encloses it . was erected . I • 0 . ] • • .. ~ ..--· • .. • • ' " RED GROOMS • TIME LINE 1937 1959 1960-6 1 1962 1964 1966 1967-70 1971-72 1973 197 5 1976 1977 1979 1980-81 1983 1984 1985-86 Born Ch ar les Rogers Grooms ashv1 1i e Tennes see ·Red " was the c lass artist 1n schoo l 1nfluenceo ~Y t-'DI I wcoc f il ms . the circus . and state air carnivals One of -i 1s young ambit ions was to create ac t s and aes ,gn ·ices 'er am usement parks . Grooms active 1n New Yer~ avant -garde co ur, , reoe .h rg against :ne preva1hng Abscra c c Exoress,cnisrr Exh 1b1ts cut-out scu lptures and collages •n Y M akes first f il m 1n the ·Rue us series (c•arac:2• zed b :omr"ct,cn arid cnaos i Ch icago . llh no1 s -Work inc uded n 6 7t iln•ua .!~er·car, E ,r,c,c.c • \Aarr,es \11 1m1 Gross on Jul 6 "Red Power ·-first full-lengt art·c e acoears on :3·oorrs n "A rt:-e.vs Vis its M ontrea l Expo -Worlas Fair ):,e -big sora" rg e ,er s carceo s ere• ca oured 1n Grooms sc ui c co1ctcrarra "Cit y of Chi cago · On overroer 26 S C oa~;;-ce• Sas ,,a '-ear Gree s s be n Creates pa1nt 1ng "Mr & Mrs Re branot Makes f irst of series of pace · scu ct res wit· ::rea< t"rowgn n tee no 1ogy -tne at melt glu e g~n A cra,e g retrospe ctive of Red 's large w orks ent,t,ed •e Auckus Wor·d of Pea Grocms opens . Joins Marlborough Ga ll ery. N ew var~ Creat.ve rre ar·anges for Gross arc Grooms to cons truct ar environ enta1 work 1n the looby of 88 Pin e Str ee t Rue us arnat:an "Brook lyn Br idge · segme nt o Ruckt.s Mannac:a • s bu 11t Lives & w orks 1n Paris France Makes first ser ies of wax moae 1s for bronzes .n Albuauerque M Be gin s ,1 v1n g w it h El1 sac -.th Ross Creates pa in ted bronzes . ·c owbo & Indian and "Football" series . Makes ho mages to Jasoe r Jonns Edwara Hopper App ears 1n va rious "Ross· pe formances productions Ct o 1982) Pa ints waterco,or seres ,n pc1n t 1\l,st style Cr eates "Da li Sa lad " pr,nt "B rook lyn Bridge · sho wn at Brooklyn Museum as part of the B rook lyn B ridge centennial celebrat ion Twenty- Seven foot sc ulp t ure . "S hoot Out · in stall ed 1n Den ver CO . st1r r1 ng community controversy The M useum of Outdoor Arts purchases 'Brook lyn Bridge .· on Octooer 1. 1983 For dance performance "Tn e Eve t of the Yea r · (featuring 200 chil dren) Grooms creates gouache mao uet:e for 22 ' x 100' backdrop "Red Grooms: A Retrospectiv e 1956-1 984" displayed at Denver Art Museum. • ' .. : . I • 0 - • I J ----~------------------·-.----------------------~--~- • • t, • ,.. . 0 - Departure The poignancy of shared emotion, united lovers bid goodb ye For L und ee n , t he s tudy of art ea ates 1 , t he st d1 o 11 e Ir 1s 1cr go to the ve ry hea rt of the med 1u o drav out t r e s bi ec:: t reaw g 1:::;--s 1rr a_:-· 3"C und erstandin g . He works ta r eve5 1 c, e emotion al come t ' his sub 1ect. crr::: ... c;; :re ::ex:_re :::· the med ium . To L und ee n . a wor k o art sno lo incorporate beet..t r t m a"c a . c:.or ar ... :J_ c comp lete com pos1t 1on from ever antage po in t . T e hu, ar forrr -exo re ssac ~--::it..~ sc~ c:::Ja mass . li ne . and space -has become for 1m , an elo q enc e 1c le for re expres s ,cr ::i : ~he " "'ar spirit . This work 1s an exce ll e n t exarrp le o scul pture ·s ab il1 t y to capcure and sustain a s ingle photograp 1c mom ent. thought . or image Froze n 1n an iso lated pose . the vi ewer 1s allo wed to observe (bot mentall y and emot1onallyl the lo ve rs at lengt and absorb Departure's communicative e le ments . .. I • • • ,. ~-. • I ,, - Departure ca otures the strucc r:: of the hu man ,gure al hou g t e work ,s s light , sma ller than hfe-s .ze Lundeen s se of draoery :reates soft . f 'ow1rg r , h ard along w it var yi ng surface t ree , ent also ser •,es to f rtrer de f ne areas of progress ,o recession . textura l di'ferent,at,on . an d \/ISua ,n O at1on ere s a .nt,m ete qua ht beyond :he oronze sur'ace w ,t h wnic we . as u ans 1mmec1ately ,dent. r e scu loture ,s ca oeo le o e•,ok ,n g e er corn oass ,onace resp on se in t he oc s e rver Fro I s e ot 1ona l essence t he 1gures break ,r to an e oauen t l st hzed rea li sm . o negac ,ve space 1nter~upts tre coup 'e e ,g te n,n g the pro 1ected emotion • Departure portrays a cou ple loc~ed into a sing le frame of t ime The emot iona l t heme s carried out from the subt le go lden-bronze patina to the 1nt1m ate pose Located 1n Samson Park and seated on a bron ze re nd1t 1on of a wooden train station benc h. tne coup le permanently be lon gs co ,cs environment . .. I • 0 • I I • .. /' . • 1• •,. • • Fiddler·s Green Amphitheatre . estab li shed as an outdoor theatre or tre perform1rg arts. prov ides the finest amphitheatre fac ilities 1n Co lorado . Ge orge Hargreaves . tre lardscape architect credited with much of the des ign of Greenwood Plaza 's landscape s pace , was comm1ss 1cned 1n 1 9B2 to create a massive env ironmental earth sculpt re wh ich was to be used n a f nct1ona l leve l as the s ite for Fiddler's Green Amphitheatre . W it h a seating capac ity of 18.000 pecp le and ere optimum stage . sound and li ghting syste ms a ail ao1e. F1dd ler ·s Green 1s unnva led 1n Co lorado for its ab 111 t o present the l ead in g musica l ta 'e c o t h e performing c i rcu i t . In 1986 . The Muse m o Outdoor Arts received ownershi p of Fied ler s Gree Amphit heatre through a contribut10 I 98 7 a business /arts partne,sh1 p was created wit CA Concerts, Inc ., through a long-ter ease e summer of 1988 successfull y lau ncred Fidd lers Green 's dream debut w ith mus ics coo tour, g headliners performing for capac ity crowds ac c e new facility. 1 988 thus marked the beg innin g o a contribution of qual ity musical enterta1r e c to tne community which bec omes an add1t1cna l art1st1c offering in the Museum's comprehe ns1 e ph 1l osop y of art in public places . Performers and aud iences a li ke benef i t from t h e Muse um 's en d CA s dedicat ion to the highest lev e l of qua li ty in all aspects of the fac ili t y. A night under ere stars . music with fr i ends , and the Ro e M o nta 1 panorama combine to make Fi dd ler s Green Amph itheatre not on ly a beautifu l place but a memorab le artistic experience . I'. .. - •• • / -:::-r.,;;- / ., -= ' .. \ I • 0 ... - I I > Luke the Evangelist Thoughtful, Brooding, .. • ,. - • • -' The man who seeks knowfedge Lost 1n deepest concentrat ion . Luke The Evangelist, by Ivan Mestrov1c . proi ects a powerfu l and magnetic energy. Consistently attracting passersby to its s ide . Luke The Evangelist offers those that stop the opportunity for a shared mome nt of quiet conte mplation . The inner str ength and se!f-prese nce of th is monumenta l th in ker extends to the viewer a mutual feeling of sec urit y and we ll -be ing Through the hands of the master scu lptor. the f igure of Luke The Evangelist ma 1nta 1ns its s cul ptural integrity w1th1n the cubic rectangu lar for m from w hich he was or1g1nally scu lp ted . Beyond the detail s 1n the f igure - sanda ls . book . furrowe d brow. massiv e ha nds and feet -the s cul pture seems to offer an effect greater than t he sum of its parts . The sp 1r 1tua l energy. of wh ich Mestrovic was so aware . powerfully f uses 1n Luke The Evangelist·s material form to achieve a harmony of the two elements: one of materia l be ing and one of sp1r 1tua l be in g . W ith th is 1ntegrat1on . Mestrov1c ac hieves his ultimate art1st1c goa l whic h was to express this s u blime and essential unity. . ... ' • I • 0 - • e l ·• • ,,-. • • -.. Mestrov1c ,s r evered Nit 1 ,s ::i v , co1.; ry. Y gos lav 1a. an d 1s recog 1ze o trere as 'lC ess a ero cran t hose known t hrougr pc· t ::s ard cc cr2:· Tre soucrer s lav ,c n ations regar:;j \'est~a .c as :re r g-eates arc,st He 1s laude d 'er tre a::e":.c " "c :;re: :::: :re '2 e of '1 15 c ountr yrre r:::1.;g tre c.Sc: :::· rs :::-ea .v e 1':s , service o t e '"''g "es: cea 's -s ; -es : NCr s Nere mon umerts t a :"E -ernor ;:;: :-c: ,,~ea: re-:::es o r ere past an d t he ir s:rc.gg e 'er eec:::~ "e :::2 :-o t s : "e fe lt towards his pecc e arc rore ar::i c:::n -1.;es co nscire a ge neration of artists who a,,e 'c ,l c\\eO r-1 The kno w ledge we have of the h1stor1ca l figure L u ke t e E 1ange ,1 st co es ram the ew Testament . L uke w as a Greek physic ian . a d1s c 1ple of St Pau l and 1s rn 1s5,o ar corrpanion H w as the author of both t he Acts o f the Apostles and t he th1ro gospe l anc mucr can be gleaned of his character from the se writ ings . L uke 's e mphasis o po er prayer punt of ear and compassion provid e the cornerstone of his ph ilos oph1cal pas ur e and tre suost2 ce o 1s appea l :o t he Chr1st1an com munity. Of no te 1n Luke 's legac y 1s the ac trac w ome . ·,g1.;r e ore oro 1ne I 1n his gospe l than 1n those of t he ot hers . L uke was t he ost art1st1ca 1l·1 express; e of t h evan ge li sts and 1t could be du e t o chis fact that upon h1 was co ferred t e pec-orage of art1s s as w e ll as doctors and surgeons . H is symbol 1s t he w in ged ox ., • I I • 0 • • • • •• Ivan Mestrovic exce ll ed . not only as a sculptor but as a pa inter a d writer as we ll. Motivated by the hi ghest spiritual idea ls Mescrov1c e~ores ses . 1n his own poeticall y r ic h words . the power ul forces wh1c rnoveo h1 to c reate his work . Lov e f or the eterna l 1s sacrifice . and sac rif ice s see 1ng ·ave for t he eternal. Ev il 1s pass ing and go od 1s passing B essed- ness 1s eternal and et ernity 1s God . The best way to 1g t aga in st evi l 1s to pray to God : and to strugg le fo r the beaut,f I means to sing his pra ises . It 1s written t hat 1n t:ie beg inning was the word and the word was from God . but nowrere does it say whether the word was written or carved . In an ca se art comes from a time wh en t he word was not seoarace ram w or '<s. nor prayer from w isdo m and song T e :rue e for: a artists snould be a cont1nu at1on of the cr1cke : s sorig be ore death . 1t should be son g and prayer at ere sa e t 1rT'e and w hat 1t contains s hou ld be outs ide d1mens 10 s and :1 e -1t shou ld discover that wh ic h others do no: nov ano canrot see . and not copy t at w hic h a t ers see sLoerf 1c 1all It should reveal truth t at 1s and not truth t hat seers to be Pe rhap s [1n t his extr ase nsua l as pect) all k,nds of ideas unknown and misunderstood by us affect t e aua 11 of tne work: t he longings a d fee li ngs of our foreoea rs 1n ancient generations . the ir virtues and vic es . In what wa : 1s a happen and how great such an influence may be 1s so eth1n g we do not know. Ivan Mestrov1c • I • 0 Iii - S pne re s S p her S ph e r es S p h res I • • I I .. ,. - Sp heres = :: . .--... _·-... ::. :.. --~: ;.--'":4 ·t:~ :. :.r .=~..: .. = ~ .- . · ,__ ... _,.. ::: ::· .; :":J..:':;'"'.,C"'· f=~ :.:: =-=-:· ... -:: ........ ' = ..... .:: . :c : ... re:: :2r-:_5 -:_-:.-:=;-:::;--t.: 3-:: .... -~s .... J -::-=:er ,a ~urJ I r '"':::.3 _ ...... -_,. r \~ ....... ~r _., _..-:r:2c~· Jj.r:s. r Sar-s: ~..._ ....... .::5 rr ~ .... .: ... ··t..~ ")" ~c nJ .... .:::: :J1Cf:: N 1cr e'( e ... c ,:.= :i:--_ -=-= =:_· ~--,... ... -= .;:· w \; ......... C ·· rg s ;;rcrig 1r'T arc-::-s 11 • • ,\ • , ... • • In a variety of forms throughout histor y. in both pr1m1c1v e and acculturated societies . man has addressed the landscape and the natural world as subiect matter for art1st1c express ion . This most basic relati onship of man with nature has been a source of content 1n the arts and thus offers a definition of the human cond1t 1on and its place 1n the order of the Universe . The wholeness of li fe 's experience must have a context where in che human drama unfolds and , whether natural or controlled . the physical backdrop for this exoer1ence becomes the landscape . The history of landscape art uniquely presents the extens ive varie:. of perspectives from wh ich d ifferent cu ltures have defined nature . In an art h1stor1ca l car.text landscaoe art 1s e •t her a ;:ia 1 t ing drawing or other representat ion of natural scenery within wh1c hu ar 1gures or bJects are of secondary importance to the depiction of the landscape . In Weste r Ar t prior to ere 17th century few artists represented landscape for its own sake as contrasted w it , Orie ca 1 Eastern . and N ative trad1c1ons which had for ce nturies focused on nature as a pr1 ary s b1ec: or representation . This pnenome non can be attributed to the dive r gent p 11oscoh1c views tcw2rds m2 n and his re lat1on s h1p t o nature subscribed to by those espect1ve c It res It 1s of note that t e he 1ghc of Eu ropean landscape pa1nt 1ng occured during the 7th . 18th. and 9t centuries 1n pre-industrial societies when man 's fasc ination w ith sc1ent1f 1c knowledge was I its 1nfaf"cy. Th is romant ic depiction of nature as a . ' pastoral landscape preceded t e historical de e1oprre t of intense globa l 1nd ustri a hzat1on As t he • twentieth century dawned . art1s s t r ed a a ram what [for the ml had become a naive and overtly romant ic view of nature and foe sed o the e erg1ng rea li ty of a fragmented desp1 ri tua hzed urban environment. The abstr act express 10 o the ir ideas often exc luded nat re as primary sub1ect matter. and as such . ref1e cted t , e a t 1tuces of t he wor ld whic h surrounded them . A renewed interest 1n landscape as sub1ect prese ced itse lf 1n c e lace 1960s and 1970s 1n an art1st1c genre label led earthwork Art,s t s c r e d to na ture 1n t heir war . not merely to represent 1t 1n a se lected medium. but to manioul ate the earth itse lf 1n large sca le creations of and about landscape . The proposed grandiose sca te and v1s,on encompassed by ar earthwork has frequent ly prevented many of these ideas f rom be ing act a hzed . resu lt ing 1r earthworks often being cons idered a form of conceptual art . where tre 1aea alone 1s of s ingu lar s1gnif1cance . Many earthwork prai ects seem ta hear en back t o prim1t,v e and sp,r ,tua l co nnectedness between man and nature. expressing , through contrast . the d1s 1ll us 1onment fe lt by any towards our modern art1fi c1a l environment . I • 0 • .,) I • • ,. .,... . • ,. • - Ass um ing the Italian surname Giov anni da Bo logn a t he bril liant young.ltrench scu lptor moved to Ita l to pr ac t ic e his art duiiAg the late years of the H ,g Re naissance He r ose to prominence among the lead in g oract , ,o ners of work 1n the Mannerist style . The or1g,n al scu1p ure of MERCURY . comm1ss 1on ed for t e V ill a de ed 1c1 ,r Poggio a Ca,ano . f ive mtles west of F1ore c e , 15 64 exemp li f ied the M anne ri st pri nc ,oals o co pas st yl e Th i s o veme nt . de v el oped pr1fl"ar 11, , I a , between 525 and 6 00 w as reac ,or :o re c :as- s I ca I ba l arce a d aus e re har or c ' he f-' gr Rena issance anrer•s w as craracter•zec b' a sc.c · 1ec :1ve ere emc .ana l oortra a1 c s Sub,ec t ma te r A c 1eved rrm,g he e•o ga ,o or o,swr :.cn o· f or-n the ex ag gera:,o n o perscect,,e ano re wse o v 1v1 and s o e·ura arsr co1crs re arrer s:s CL 111ated t he ,n r :c ac es a art ra rer ran a row eoge of uni er- sa l i dea s ard na .re MERCURY b • da B o l ogna e errplt es sre ar•s cocrat 1c e ega t . and se -consc ,oLs s lt za ,o a :r•buted o h art, 1c :al aste of a la e p ase o arner•s • .. The Roman God Mercury 1s 1de nt 1f 1ed with the Gr ee k God hermes iv ercur I was the god of commerce . 1n vent 1on . c unni ng . and theft . ser 11ng -S esse"· ger and herald for the other gods . Mercu ry was t he god resoc s,b ,e 'or transporting the dead to Hade s and has ,n mode rn t ime s ee r ea tre rote as patron of rogues and t rave lers. ., , . . I • 0 • .. • • • -.. "'• The magnetism of Porcellino . the bronze gatekeepe r at ere e tranc e co MCI Plaza. might be accounted for by the s uperst1t 1on th a t ubb1ng hi s no se will bring one good luck . A bronze copy of an anc:enc e1leri 1c rraro le boar. t he Museum's Porcellino was sculpted 1n 1 6 1 2 by the renow ed 2nim al scu pcor. Pietro Tacca . on order of Med1c1 Grand Duke Ferd1nano II T e origina l He ll enic scu lpture wh ich still stands 1n the Ufftz1 Ga ll ery 1n F orence 1s stylis t ic a ll y more s 1mp hf1 ed , Tacca be ing r esponsible for t he ado 1t 1on of ere decorative base with it s various animals and plants in the Mann erist st'f'e The Re n aissance s imultaneously integrated c las s ica l d1cu.rrs o or er and ph ilosophy w it h t he sensua li t y of a paga n mytholo gy A rt1st.c ard ctie a c mode ls wer e often based on classica l statuary. From ant1ot..1t '/ roug cne Middle Ages the boar was t he foremost symbol of the fert il1 t '/ of tne earth . although seen as somewhat t hreatenin g and a creature to be feared Cross cultura l mythologies repeated ly depicted t he boa r as a ec-so e animal . often respon s ible for the death of either the he ro figure of trie yen or of t he god himself . Thus the boar came to be seen as t he 1nc2rn2t1on of the enemy of the gods . ,. ... ' ' l ' . I • 0 0 - Tr "'E'/ '. 2 :i c·cssica :r ("St,.;:: ... ' == ., ----'::' .. ~ 1 e Re,1a s~crse r :--'JC..-ce-: ........ :'"'1-_;1 .:::: -, .. _ ~-• ., ~r·, sourse rr2:2r•a 'or ar:.s: C 2 \c-e :: ...., ::_,....:.:. ~ ..,. -.. -.. , anc. rtS :crcer'"' /'.it;-' 'TC'"' -::r-~:,: : -............ ,=, . ......, ,.. ... ....,r :r: ,E-C.:: : . :. ,---·-=, -•. --; ..:e . " .o re cee:: y ,...t: ::--::: ... :;:.·· ::: -.... : ce--t .::..... -._..· ..... ...: .... e or1c .... s •'-'='"'~ ;r::cr '-,.lo~ • 5 ... :::::~r ....... [_._-:~ _ .... ::--ec:.r-1 .. ,t .... ,cal recreser"":.c: :. .... = 3 .... ~ •'-r :,....t: .. ,.. _--....... :: ....... a,.. -=.e: .. .... o rscna ce·..,: :. '"':"' ·r;e-: /, -·------= t:=.::....:: 2i;;:-·· ..... 3 3-.... '""e- t. 'E DL K CD O :;-_; -Q O F SA VOY Milalo a!PUIUCOFVENICB \IO ••T "'"'e ' v!... r f't,U AT OUK.EDOM .. • . OP 1111.AN" --:: ... ~ ._: . • -. krnD C .._ • •• ~"' , ......... 0-t .• ''"'"'"· • AUIU I. • • ' _ICNCDOII OF NAl'l :: ~--.. : . _ ......... • • • • -,.,., . .\ • l•, .. . . . .. • -.. . . .;u gh comparativ ely brief . there 1s no historical period w 1ch rival s :he Rena issance for ts contri bution s cu :ne advancement of art and culture 1n we::e 0 -i c 1vil1zat 1on . Th is tremendously creative per iod fo ll owed tne medieval era and laid the foundation for mooern thought 1n art. pni losophy. architecture . and science The term Renaissance . Fre nch for rebirth . was not adopted to imp ly that the art of the periods wnich preceeded 1t was dead . but rather that the Re na ,ssance was marked by a reviva l of the cl as sical aesthetics and values of the spirit of Greco-Roman anc 1ou 1:y. Oe ve!opments 1n pa 1nc 1ng . scu lpture . and ar ch itecture du r ing this pe riod of genius were seen as part c· an 1nce il ectua l movemen t 1n which man was to re-cn1nk hi s re lat1onsh1p with God and nature . The creativ e ::ierson a11 ty came to reco gnize his ha rmoni ous place 1n the ·'3 ture of the Universe and his art1st1c role as an extens ion of d1 v1ne creat 1v1ty For the f irst time the ;en t ity of the artist as an 1n d1v1dua l achieved a1..tonomy. and the idea of the artist as a creator o d1v 1ne ly 1nsp1 red humanistic works became synonymous N1t h genius . The artist attained a revered status w it 1n Renaissance so c iety. The exact dates of the Re na issance are acac e'Tl 1c a1J y 01s- puted . ho wever. are generally recognized as beg1rning 1n Florence 1n the early 1 5th century. spreading hrougno t Italy and northern Europe by 1600 The years 500 througn 1530. when pa1nt1ng achieved the height of tech nical and aesthetic per fection . are often referred to as tne High Rena issance . The Re naissance produced s 1gn 1f 1canc technica l advances 1n pa 1nt1ng and a number of 1nnovat1ons 1n ocner areas of human endeavour. 1nc lu d1ng advances ,n cne ecnan- 1 ca l arts . manufacturing . internac 1ona l craoe . and communication . These develo pments corresponded co the recognition and ele vation of the wea lthy merchant c lass to a prominent leve l w 1thm Renaissance social structure. Th is newly acquired s1gnif 1cance of the merchant class led to expa n s ion 1n the practice of patronage for the arts. setting tne climate and prov1d 1n g the means for the prol1f1c art act 1v1ty of the times ' ' • I • 0 • • • • • - The color-f11l ed rhythmic danc e of Windsong Ill c r aws t r e vi ew - ers attention skyward . con 1ur1ng c hildhood e,ror es o · p1nwreels . ball oons . f lowers . and s imp le ole2s ures Rooer: angold s ane - moc 1ve sculpture . the for al term for wcr~s Nnic . are w ind powered . 1s fabricated of sta in less stee con ce r •c c ones attachec to 1ndepe dently mob il e ult 1ple sookes r ad 1at ,ng ou t from a stationary cy hndr1ca l vert,cal base anc;;o,a o t e c r e- ates works wh1c are le unoa 1 ted W it h Windsong Ill · owever. w here co lo r was app li ed . 1t 1s obser vable :>i at as an ar t st1c de vi ce c olor exer t s a de c 1s 1ve impact on t e 1e Ne r ano e v1- ronme n t The globe of patc hw ork forms pe r c.ie d ato o its f orest green po le 1s comp ri sed of three distinct me ·1 ng pa rts two outer spokes movi ng 1n a c lockwise d1rec:,an and t he ce ntral spoke moving counterc lockwise The smo ot n and .ntegra ted motion of these elements 1s co-depen de nt uocn t he acc 1cn of the wind and the prec isely eng ineered elerre ts of the scu lp- tur e's form Windsong Ill's de c eot1ve s 1mp hc :t be 1es the intricacy and prec ision of t he tech 1ca l expertise w it N 1c Mango ld crafted this work Festive and s howy. play ul ard v 1v1 d . Windsong Ill revolves . creating a mosaic 1n ot1on a patcnwor of co lor aga in st the sk ..... :.: . .... : . ,' ,". ( ,: ... • ... ' ' • .. I • 0 • • • .. • .,-. • .. • -' Robert Mangold . a Co lorado res ,oert sinc e 1 960 . has d1st1ng u1 shed , se 1 ,ct on ; tr r oug his prolific career as a sc ulp tor bu: as a r espected educator as we ll C ... irreri l\/1 r Mangold 1s a Professor of Art at Metropoli tar State Coll ege I Denve r and as bee r rst ,L.."'e r:a s1rce the school's inception 1n creat in g s OL..tsta din g rofess ,onal art prograrr argc cs 20-year commitment to a n academ ic caree-ard to 1s goa l o ed uca ,ng a c err•cr ng r,s StL..Oe"tS C OL. and through the Arts . ref le cts -s ,ntense pass .a for ,s a :,s:.c 01s c c .,r e arc r s desire o share w ith his students t ose ur cL..e ideas V' 1cr d irec: ar art1st.c ,, e Mangolcfs inte ll ectual canc er s c onstitute a 1gh ly de ve lo oed c e r ebral 1t r erar1 r a c rea t ion of his anem ot1ve scu lp:ure In terconnected t e or 1es o t ,rr e soace an a c aptivated M an gold's rum1nat 1o rs and hav e 1nsp1red his creation o f w or ks Nh 1c h ma e o e pause 1n wonder when confronted w it h tre aest et,c marnfestat,o n of t ese f or::es M angold s lov e o nature and his keen fascination ~ _1 n the 1net1c f orces w ,ch underly the E'. er -c ang 1ng phenorre ra of the natural world of er an 1rtr1cate scholarly frarr.ework for 1nterprec .n g t he ,mention ber ·"D Mangold's work . In ach1ev 1n g aster o an art1st1c m ed 1u Nh 1c. depe nds or its animation per w ind as a natural force . Mango :d has cultiva t ed a n undersea 1ng o an ·s primal r e la t 1onsr o w it h nature and ,t s eternal cyc les . H is anemot1ve sculpture becomes ar aesthetic express,on ar1s1n g from these well -deve lopea sc 1ent1f1c and artistic conce pts .. I • 0 • • .. ~ ,,,- • , .. ._. . , • • ' A color circle 1s a traditional arrangement of the hues of the color spectrum in the order 1n which they appear 1n nature . determined by the ir wave frequencies . The three primary co lors are red . yellow and blue . Colors appearing opposite one another are referred to as complementary colors. with the three comp lementaries ca ll ed secondary co lors . The remaining three pairs are intermediate colors . The war co lors he w1th1n the ha lf c irc le that contains red and yellow. the coo l co lors w1t h1 n t he half that contains green and violet. . .\ ' .. ~ " ~ ., .. • I • 0 I - • I • • .. • ,.. • .. • -' The Fence Timeless forms, the human body spirals from the earth A thematic dimension in Braaksma's work in concrete arises from the nature of the med ium itself . Made of a crude materi al . the concrete sculpture rises out of the groun d , appea r ing as 1f the earth itse lf rose up to assume these forms . L i ke a memory reawakened . we meet ore-o n- one with anc ient winged statuary, remnants of a long forgotten past . The human body a d t he earth's raw material are united to become a re li c of ant1qu1ty 1n a modern rotunda : arc h aeo loi:;1ca l artifacts retaining . 1n silhouette , the integrity of Gree k co lumns • The creative process involves constant prob lem-so lvin g . Guided by the work . the sc ul ptures evo lved and asse rted themse lves until they ex isted as ent1t 1es in dependent of their creators . Ult imate ly. the work of art has a life of its own : 1t ex ists in the world and 1t 1s there to be en1o yed by all peop le . It wi ll create its own experiences and for this reason . artists have a very special fee li ng and emotion ab out the work . for they must let go of 1t once it is complete . • • • I • 0 ----------------,·-----~---~~- • • For Carolyn . the process of creating art is one of continua l discovery. It involves the comb inin g and trying out of different e leme nts . the subseq uent acceptance of those that war ~ and the discardi ng of those that do not. A long t he way she r emains open to changes : she be li eves she must mak e dec is ions and choices . and once they are made , they are adhered to . The insp ired creat ive pa rt of the process 1s short-li ved . for once the id ea 1s formu lated . Caro lyn be li e ves you start your work . and work until t he Job 1s co mp lete . •• • ,,.. . • • - In plac in g the f igures . Braaksma and Dufford varied t he he 1gr>ts o· :,e e longated legs to ac hi eve three to ni ne foo t heights of the tcrsos -~,s va r iance se rves to f ur t her express eac h torso separate! e· ::::i - ex1st in the ir s imil arity as eac h fi gure relates t o t he entire sc ulpc _re yet ma1nt a1 ns an 1nd1v1duali t y. Figures were sub1ect1vely placed at differ ing angles to shift 1n ce r spe c :. e as observers t r ave l aroun d t he work . The poro us texture nrerer: .n concrete guarantees t , e fid e li t y of eac h torso 's appearanc e :o t ha ::i its owner . .... i. -.-- ~ ' ~-- ·~=--· f f- I • 0 • ,. •,. The thirty figures of The Fence form an invo lu te spiral. This shape occurs in nature (the Nautilus shell , DNA . the Ram 's horn . the Golden Section) and has dominated the imaginat ion of artists and architects from the 1 7th century to the present The spiral of The Fence provides a d1st1n ct rhythm and pace at which the viewer expe ri ences the work . Peop le are invited to part1c 1pate . from be ing the subject "under the plaster" 1n the casting process , to becoming part of t he sculpt re by standing next to the concrete f igures or wa lking within the spiral configuration . .. -~ ' ' • ~ ,,-. •I • • -' •, • ,,, <ii I· 0 - I • • ,. ,,-. • - The sub tl e nu an ces buried w 1th 1n the discrete gestures and studied postures of the w omen depicted 1n Gossips by Harry Marin sky prov ide a depth of narrat ive inuendo f or poss ible 1nterpretat1o n of this seemingly s impl e sculp- ture . For the casua l observer Gossips 1s mere ly what the name implies -t hree w omen po is ed together 1n private conv ersation . However. upon c loser observation . t he t il t of a head . the curve of a bac . and the differences of costume lea d t he viewer to observe t e t ree as a t ,1 ad of generations A grandmother. mother and daughter: the fi rst interceding on beha lf of the third -a scene that mirrors w1t h1n everyone t he niversal experienc e of FAMILY. The figures are poised w1th1n t he c losed form of a ci r cl e . The ir s l1 g t bu il ds. f ine ;, chise led fac ial features , and small feet add to t he close 1nt 1macy achieve d by t re sc ul p res cc,-,'1gura ,on The c lose proximity of the women 's fac es suggests the s ecretive and tiu s hed tore '.J ·r conver sa t ion . One wom an 1s draped 1n a sh awl. w it h hair nea t ly ro ll ed . ho lding a ba s ke t Nrl'e ~es 1ng e r h and on the arm of the figure on her r ight . A ppearing you nger. ,n s imp le attir e . ara 010,n g ,n h r hand a bird f rom the ma r ket . this f igure attentive ly lifts her head focus ed t..ccn re con versat ion between the othe r two . The t hird f igure 1s tal ler t han t he other two . dcr-,na .rg t e group by he ight and assertive body posture . Clo t hed ,n a fur-collared . ta ilored suit . hc -.ds .r ml y re s t ing on her hi ps . this f i gure appe ars to ho ld the pos 1t 1on of dec1s 1on-make r , to whorr :re at er two w o men must de f er . • I • 0 • • • .. - Harrv Marinsky 1s one of the artists represented 1n the Museum's collectmn by several pieces of his work . installed 1n a vanety of locations throughout the Museum's grounds. SEVEN HARLEQUINS at Harlequin Plaza. ST FRAN- CIS at Carrara and GOSSIPS at MCI Plaza are the most notable of Mannsky's works an exh1b1t. In each respective work. the human figure 1s the focus of Mannsky's interest. a narrative not only of the specrahzed characterizations of each sculpture. but a mirror far the human condlaon and our awn self-knowledge. ,..,t..J2 11S t.,C e•r modern ar:1st1c ge n re s. tre s a:~r•1 or the umar or e Is -S rcw w -c. : , se lve s 1n our marc n ::rrcL. .,r :1 ' The stylistic method e ployed by arr • iV ar•ns ~ 1 :.. " f irst apoearance simple and e er a"'1ng A llo w ,r ·;r 1c; • • .r • and contempla t ion necessary an c3 n t 1s elegant. yet de cep 1ve . s rface an ce t! 0 complexity o f a uman form nd os 1c t a beaut, ul a r tistic ru1 ,on rcL.g · :: t alent ed ar tist emeritus ,~----------------------c. .. .-~--~----------- • • -· • , . • -' ... Carrara Place, located on the northeast ccr er of S Syracuse Way and E. Caley Avenue . stands as testimony to the v,s ,on of deve locer-c Madden . Buil t w it h t e high est qua li ty Carra ra marble from the famed marb1e quar"1es 1n P•etrasan ca Italy. Carr ara P lace exudes a c lassical elegance that merits the assertion trac ar: 1tect re 1s art. T e beautiful 1uxtapos1t 1on of the starkly geometric co ionnade w it t he e ·ongated curveo acade on the south e levation completes the aesthetic effect of the budding 1n a vis ua ll y sat.s y1ng r eso1 t 1on of oppo s ites : the li ne and the curve . Built for pos terity. t he enduring c :ass1cal qua li t of the bu il d, g ·s presence e nhances the corporate env irons of so utheast De ver s lead in g bu s iness en ,ronme nt. The curvili near sweep of Carrara Place establi s es a visua l arc 1tectural art for nsu roassed 1n suburban Denver office parks . The magnifice nt four-stor y atr ium creates t e foca l po int o Carrara Place's interior space . Interspersed w it h oriental gardens and water features that orov1oe ctie oackd r op for the placem ent of severa l works of art from The Muse um of Outdoor A rts cc i,e::,c n :re exp ans ive 119 t-f looded atrium reflects equa ll y the beauty that the exterior of the bu rl a1rg e ccc •es The Museum regularly hosts and co-ordin ates pub lic eve nts ,n this d1st1ngu1s h ed ga::-ier•r:_ place and to this end ma1nta 1n s the env ironment as one of the f inest assets of re se ms exte s 1ve "museum w ithout wa ll s .· Carrara marb le is am ong the most renown ed of all marbles , quarried 1n t he Carrara d1str1ct in Apuania , Italy. It is valued for its fine . compact grain . and ranges in color from snow-white to creamy wh ite . Carrara marble is saccharoidal . or sugary, and has a translucent appearance in t he fin est grades . Ca rrara marble was used 1n anc ient times and aga in during the Medieval and Renaissance periods . Pe rhaps Carrara·s notoriety has been most greatly enhanced by the fact that 1t was the marble of choice of M iche lange lo . Two of the best commercially ava ila ble grades of t he marble used for sculpture are Ita lian statuary an d B ianco P. MARBLE WITHOUT • I • 0 - I . ]- • • ... .. A love for the beauty of the human form and a respect for the dignity of the 1ndiv1dual infuses Atkinson 's work 1n sculpture . Oes1r1ng to evoke an emotiona l response from the viewer. she creates 1nt1mate. tactile work that draws the viewer into the scu lpture 's realm of influence . Resist:ance does not dwar t e obser ver, but embraces him . whil e exerting its emotiona l essence on the experience of art1st1c perception Suspended for a moment 1n t ime . the viewer can sav our with empat y t e sensory 1ntent1ons of the artis t w hich are incorporated ,nto this work ,- .. ~ -· • • -.. ' .. ,I .. " ., ' ' • I • 0 ] • • • • S culpture 1s not on ly a s tu dy of form b t also a study of i1grt and sha dow. The most subtle ed 1um for hght ana snadaw 1s wh ite stone or white olaster Together w it varying degrees of outs1ae li ght. Resisunce·s wrnte Car ara marble assu es . on its surface subtle shaaes of pastels . Weather elements Ca su n or c !oud sk rain . or even early morning frost ) can od1f t e acoearance of an outaaor sculpture A tk 1ns o s s te tra scer.ds represen a 1onal ar cresses more directly cne fee lin gs ha t e ar:::st as regaro1ng he r sub1ect or 1ng qu1c I and directed oy 1ntu1t1on . she captures the s ape o her sub 1ect w1tnout working it up o a photographic li keness . ... ,. ,,,.. ~ • • -.. ... • I • 0 - • • • • • ... - Two Open Trapezoids Excentric V Elegant and intricate The dance of geomet ry Ge orge R1c key ·s anemot1ve k1ne t 1c scu lpture . Two Open Trapezoids , Excentric V (Excen r 1c or short), 1s an e legant express ion of geo metry 1n mot,o A poear,r,g a lmost we 1grtless . the mov ement of this k1n et1c scu lpture can mesrr·erize w ith its ntricEte rar any o · oa la ced .ot,o A rc s . spirals . and li nes are etched 1n the soace 1nhab 1ted by th is br• 1a t i e g1neereo w ar~ o ar:. The two trapezoida l forms c om pris ing m e foca l po int of t re sc t-at r e are cars ~ cteo o stainl ess stee l mounted on a rectang lar cor>crece pe destal e :ghts oca ed 1n t:Ce be to..,.., of ea c trapezo id return the forms t o .. e1r uorign t pos1t ,cn wre never w 1 -,r.1t ;ateo rrove,..,er comes to a peaceful rest . Undu lating throu gr and around one an o her never touch ,ng or 1nh1b 1 ,rg au or:omous rroverP r: the haro-eaged for o · each raoezo ,d s a s r• 1ng con trast t o me c.id sneec,rg ard s ,oo gesture of t e sc.Jloture s mot10 R1ci<e hi<es to describe his w or not ,n e s;;a ,c terms c ten used 1n refere ce to three-d1mens 1cn al sc loture but as drawings in space re anif""a ed ua11 of the war a d tre forms that 1t ,nsc0 1bes 1n he real 1t 1nhab 1ts are t he asoe c s of he w or w ,ch are pr1mar or Ric key. scul ptLre as an ob1ect 1s seco ndary :o art1s ,c expression as ,mm ed 1ate exper ence .I I • • • • ... --~--~---~---~-~-~-~- - George Rickey w2s bar June 6 9 07 1 S c1..c-::er e Indi ana . of ew E-gla d parentage Tne tr1r o cf S,< c~ • dren . he moved to Scot:and 1n 19 3 w1 nis c arer :s 2nc f ive s isters . In S cotl2nd he rece 1v eo a pt..~ IL. s.:: cc education . fo ll owec by ndergradu2ce ard aa, 2-cec :o: .... c 1es at Oxford 1n I caer H1stor S tud ies •I" oc t :--ere · r;:: arts and art · 1sc.::r were ;:iursued 'J y q ,ckey c•,er t ,e -e ,;; te ears o P e-s t o \Jew o :c C r•cago -r:2s a sc bee tne ec :01e rc :" ,v·,erou s ho era ·; cc ::::ra .::e,,rees Ricke toe o -e s ce rc•, l">e L r ea S ta :es n "53C a1nca 1r 1r,g a s:~c : r e N Yo '< 'ror 9 3 ..l :c i s.12 a: w 1c h t 1 e l">e 112s a-af:ed In 94 7 e rn arr·e d c o1::- Le 1g ton and l">a c :.'.a scrs Tra 1red as a pain er re :...,rrec fro tnat meo1 -:o sc.i1oture 1n 949 hs w ar w as f irst srcw r e :. Yer, 954 ard c ..;r ooe 95 -arc has s ince beccn-e = "1gr 1s 1ble ard we l.resoectea r er . naton al artist r s NCr< ·s I c 1udeo 1n 1n un-erao ,e ouo c a d private ca ll e e : :rs .vcrldw1de S ee 1s a a yp1cal alloy co posed of ran . a sma 1l perce -::age of carbon and often traces o other eca is Iron . w 1c 1s a rneca 1l1 c eie e t . s il ver-nr,:e ,n co lor extremely ma !l eab e aro co ros1ve 1s given cons1derao 1y rT'Ore structural strergt, Nre-processed into steel Stee l 1s des cribed as an atyp ical a llo because caroon ,s non-meta i1c and a o s are defin ed as e c o 01nat10 of two or ere metals w 1c have been e lted or f ,sac togec , er Various 1nds o · steel are produced o o f fe rent refining t reat en s accuring dunng :ne1r alte state S0ec1f 1c proper 1es are deter 1ne d by the ar y1ng a au ts and I ds o f meta s all o ed wi t h chern he o st a ll eab le stee l. ca lled li d or soft steel has a 10w car bon content nnereas carbon stee con airs o ly 1r o and carbo an d 1s muc more durab le Variou s types of s:ee are made 1n o s a1n less s ee t roug the add1t 1on of chromium w 1ch protects aga in st heat a ra Neather1z at:on and prov1 ce s t e stee l most exten s ive ly used 1n modern industrial and manufac:1..r ,ng processes . ) •· • • .. ,---------~--~--~ • • • Twentieth century art has been 1ntri cate i connected with the reali t ies o our ,nd s r,al soc1et . A rti sts have often turned their cric1ca l attentio n to the issues of the acn1re -age for co e t w 1th1n their work . In add it ion . many artists have incorporated into the ,r war ecrnolog1cal processes and products that have bee a d irect benef it of man s tee nolog 1c a l ad vance e n c In t hi s regard . k1n etic 1sm is a concept app li ed to ere arts unique to a soc1et n ewt 1n or ed w1 the sc1ent1f ic 1ns1gh ts of the early 1900s In Post-World War I Russia . ,e ,oea o 1<1n e ,c ar w as first realized and 1s most often attributed to t he artists Gebo Pe • s'"'er ar, Roden n o w o publ ished in 1 920 their Realistic Man i festo 1n wh 1c they a 1r ed the •r com I men o a expanded non-static scu lptural art for wr1ch incorporated a fou tr ,l""e-is ,C '"' time l""e as a art1st1c device wou ld be expressed t hrough mov eme t . and mo veme c as ar e •errer ,n ' ,re ,c sculpture wo uld not be concern ed w it t he representat ion o move ere bu w n e rcorpora o of movement as an in tegral d1m ens1on of t be w ork of ar Thi s ,nit1a l ct:nceo:,on , or he ar c kinetic rhythms .. retained structure. space and image as t e esse ntial aro 01s t . gu ,sti ng fea of sculpture . but gave equa l place to movement as sc ul pt res fourth c 1 E"s .cn Besid es movement as the intr1ns1c definin g e lement , k111et 1c art ene rget ;call a·t rmed the esse'"'t,at role of the spectator as a partner 1n the aesthetic completion of what the ar: st s goa ls were for the work of art . The kinetic school keen ly acknowledges t he primacy o th e 1ewer as t e source for der1v1n g meaning from this art form . lnd1v1dual perception of the wor ano t e dynam ic c ang1ng qua lity of that v1ewpo1n t 1s integral to understanding k1net1c 1sm . Througr the perpetually changing ex istence of form and ima ge 1n spa ce . t he k1net1c artist involv es his viewer t hrough sensua t coll aboration 1n the continuou s re-creation of the sp1r1t of hi s work. T he vi ewer becomes partners w ith t he artist 1n considerin g a limitless set of poss1bd 1t 1es and actuali zing them 1n an 1nf1nite array of sub1ect1ve 1mpress1ons . The w ork 1s accomplished 1n Space through Time and Motion . ) • I ., • 0 -~ c.. - I • • ,. ----.. ,,-. • • • .. AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , NOVEMBER 22. 1999 7:00P.M. ·' .. ' 1. Call to order. 7 ( I 3 p--rt'1 2 . Invocation . .£ tJJv,1,.o 3. Pledge of Allegiance . ~ 4 . Roll Cml (p ~ { ,J,M1 o.fl4,ff) 5. Public Comment. 6 . a. Council will invite public comment on Council Bill No. 70, an Agreement and Sublease with the Museum of Outdoor Arts for space at the Englewood Civic Center . Regular Agenda . a . Approval of Ordinances on Second Reading . Council Bill No . 70, authorizing the acceptance of an agreement and sublease between the Museum of Outdoor Arts , the Englewood Environmental Foundation , and the City of Englewood . b . Resolutions . A resolution authorizing the Englewood Environmental Foundation to enter into negotiations with Trammell Crow for residential development at CityCenter Englewood-.:tB-~gyr) -ff. F Adjournment. '$'./;S p-rr7 ' .. PleaN note: If you haVe • cllublllty and need auxiliary aids or eervtces, plUN notify the City of Englewood (303-762-2405) at !Nat 48 hoUrS In advanCe of when eervtces .. needed. Thank you . • ~. ... ) I . 0 - 0 • /1 / • II · • •