7. Installation of Bronze Deer SculptureCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
MEMORANDUM
To: Mayor Fisher and City Council
From: Doug Russell, City Manager
Re: Installation of Bronze Deer Sculpture
Meeting Date: June 17, 2013
BACKGROUND: In 2007, the City of Kalispell entered into a contract with Sherri Salari
Sander for the production and delivery of a bronze "Whitetail Deer" sculpture to be placed at the
intersection of Highway 93 and Highway 2. This sculpture has been produced and purchased
and has been in storage with the City of Kalispell. With the recent resolution of agreement
related to the bronze "Bear" sculpture, it seems to be an appropriate time to proceed with the
installation of this piece.
I have attached the original contract and image of a like piece for your review.
FISCAL IMPACT: The city has previously completed the terms of the contract purchase
price. There may be some nominal costs for the installation of the statue, though it would be
worked into existing budget authority.
RECOAEkIENDATION: It is recommended the City Council authorize the City Manager to
proceed with the installation of the statue at the northwest corner of Highways 2 and 93.
470024
Purchase and Sale Agreement
This pugre and sale agreement (hereinafter referred to as the "Agreement") is made and entered into
this � day of November, 2007, by and between the City of Kalispell (hereinafter referred to as the
"Purchaser") and Sherry Salari Sander (hereinafter referred to as the "Artist').
Recitations:
A. The Purchaser is the City of Kalispell with the general powers authority to purchase and
maintain real and personal property and with the business address of 312 First Avenue East,
Kalispell, Montana 59901.
B. The Artist is an individual and maintains her place of business at 200 Dirt Road, Kalispell,
Montana 59901; mailing address is P.O. Box 5448, Kalispell, Montana 59903.
C. The Artist has sculpted a heroic -size "Whitetail Deer" sculpture measuring seven and
one-half feet high, nine feet long and four feet wide. The sculpture is cast in bronze. The
Artist is the owner and has the full right to cast this sculpture and no permission is required
from any other person or entity with respect thereto.
D. The Artist is desirous of casting and selling to the Purchaser and the Purchaser is desirous of
purchasing. from the Artist a: sculpture cast in bronze of the Artist's heroic -size "Whitetail
Deer" (Sculpture) as described above.
E. The intended use of the Sculpture is for'it to be erected and displayed in the out=of doors
within the City of Kalispell.on one of the. four corners. at the intersection of Highway 93. and
Highway 2 (293 Project).
Covenants:
Now, therefore, for good and valuable consideration, and for the mutual covenants herein contained, the
Purchaser and Artist covenant and agree as follows:
1. Sale of Sculpture. Artist agrees to sell and Purchaser agrees to purchase the Sculpture in
accordance with the terms hereof.
2. Delivery. Artist agrees to complete this Sculpture within one year of the signing of this
agreement. The Purchaser agrees to transfer the Sculpture upon completion and provide
storage, if necessary, until time of installation. Risk of loss shall pass to the Purchaser at the
point of transfer from Kalispell Art Casting (Foundry) where the Sculpture will be cast.
3. Purchase price. In consideration for the sale of the Sculpture, the Purchaser agrees to pay the
sum of .Thirty -Five Thousand Dollars ($35,000) if this Agreement is signed prior to November
15, 2007' after which time the price.may.increase based upon: current production costs at
Kalispell Art Casting at the time this Agreement is signed. The Purchase Pric-payment.is as
follows:
a.. Five Thousand Dollars ($5,00.0) upon the.execution of this Agreement, .:
b. Five Thousand Dollars ($5,000) upon notification and verification that the first half of
construction has begun;
c. Ten Thousand Dollars ($10,000) upon notification and verification that the Sculpture is
fifty -percent (50%) completed; and,
d. Fifteen Thousand Dollars ($15,000) upon completion and acceptance of the Sculpture by
the Purchaser. �.
Ff-R';,qi�,AD
Duplications. Artist agrees not to sell, for display, the same Sculpture in the State ef-A4ei .
5.
6. Insurance. The Purchaser will be responsible for insurance for liability and damages to the
Sculpture from and after transfer from the Foundry. The Purchaser further agrees to provide
ongoing maintenance as long as Sculpture is placed for public view.
Location. The directional motion of the Sculpture travels from left to right. Given this
composition and the subject matter, the Artist's intent would be for the deer to be running
toward the mountains, north or -east. Therefore, the southeast and southwest corners would not
be appropriate locations for the Sculpture. The Artist will serve as consultant with regard to
placement of the Sculpture in the northwest or in the northeast corner. The selected corner will
be exclusive to the Artist's Sculpture and not shared with sculptures of any other artist unless
by express permission of the Artist.
8. Installation. The Purchaser has full responsibility for installation of the Sculpture and Artist
shall have no liability in connection therewith. Further, the Artist agrees to serve as consultant
in the selection of the Sculpture pedestal size, materials, construction and placement at the
site.
d
DATED this .5 day of November. 2007.
LO
Sherry Salari Sander
Artist
By: James H. Patrick, City Manager
City of Kalispell
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