CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Adopt the resolution authorizing the City Manager to enter into an agreement between the City and the Century Walk Corporation (Item 1 of 2)
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DEPARTMENT: Legal Department
SUBMITTED BY: Michael DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
Century Walk was established in 1996 to create culturally significant and diverse public art throughout Naperville in the 21st Century. Since 1996, the Century Walk has led a public art initiative in Naperville featuring murals, mosaics, reliefs, mobiles, and sculptures throughout the City. To date, Century Walk has more than 50 locations of public art located throughout Naperville.
Century Walk funds its art installations through a combination of private and public fund raising, including approximately 50% of contributions from the City. The City and the Century Walk have determined it to be in the best interest of the Parties, to memorialize their respective rights and responsibilities concerning the public art installed by the Century Walk.
DISCUSSION:
The proposed agreement formally memorializes the relationship between the City and Century Walk. Highlights of the agreement are summarized below.
1. Ownership.
a. All art installed by the Century Walk is be categorized into one of three lists:
i. Located on City-owned property (see attached Agreement Exhibit A)
ii. Located on non-City-owned public property (see attached Agreement Exhibit B)
iii. Located on private property (see attached Agreement Exhibit C)
b. The City has ownership and responsibility (including maintenance & insurance) for the art located on City-owned property (Exhibit A). The Century Walk will have ownership and responsibility (including maintenance & insurance) for the art not located on City-owned property (Exhibit B & C). The Century Walk may transfer its ownership and responsibilities for that art to third parties as it sees fit), however, Century Walk agrees to actively as...
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