HomeMy WebLinkAbout5/6/2009 - STAFF REPORTS - 5.C. ;Ofp ALM Sp4
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4<!F'oeN� CITY COUNCIL STAFF REPORT
DATE: May 6, 2009 NEW BUSINESS
SUBJECT: APPROVE THE PUBLIC ARTS COMMISSION RECOMMENDATION TO
ENTER INTO A GIFT AGREEMENT FOR DONATION OF ARTWORK
BETWEEN THE CITY OF PALM SPRINGS AND MARJORIE VICTOR FOR
THE SCULPTURE 'TOGETHER AGAIN" BY MARJORIE LOUCHHEIM
VALUED AT $80,000 USD TO BE PLACED IN FRONT OF 1103 NORTH
PALM CANYON DRIVE.
FROM: David H. Ready, City Manager
BY: Community & Economic Development
SUMMARY
This action is to approve the recommendation by the Public Arts Commission to enter into
a gift agreement with Marjorie Victor for the donation of the sculpture "Together Again" by
Marlene Louchheim apprised at $80,000 USD to be placed in the uptown district.
RECOMMENDATION-
1) Approve a Gift Agreement for Donation of Artwork between the City of Palm
Springs and Marjorie Victor for the sculpture 'Together Again" in a form
acceptable to the City Attorney.
2) Authorize City Manager to execute all necessary documents.
STAFF ANALYSIS:
On January 8, 2009 Alec Longmuir of Melissa Morgan Fine Art made a presentation to
the Public Arts Commission on behalf of local art collector Marjorie Victor. Ms. Victor
desires to donate a set of sculptures from her private collection to the City of Palm
Springs. The sculptures, "Together Again" by noted artist Marlene Louchheim, valued at
$80,000 USD, are 81"x 44"x45" and 66"x45"x34" in size, constructed of burlap, polished
bronze and silver nickel and are currently being stored at a facility in Indio, CA. Ms.
Louchheim is a recognized international artist. Her work is on permanent display at the
Palm Springs Art Museum and she has had exhibitions at the Los Angeles County
Museum of Art, the Huntington Library in San Marino, CA and in 2005 a 25 year
ITM NO. t"
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City Council Staff Report
May 6, 2009-- Page 2
Approve Recommendation to Enter into a Gift Agreement with Marjorie Victor for the Donation of the
Sculpture"Together Again' by Marlene t ouchheim
retrospective was held in Palm Desert, CA at the Walter Marks Museum on the campus of
the College of the desert.
At the February 19 meeting the Commission voted 4/0 to recommend the acceptance of
the donation from Marjorie Victor for "Together Again" by Marlene Louchheim to be
installed at the Palm Springs Adult School at 333 N. Farrell Drive. Staff spoke to the
Palm Springs Unified School District Communications Manager and was advised to draft
a memo to the Superintendents Cabinet regarding the possible placement of the artwork
at the PS Adult Schaal. When the proposal was presented to the Cabinet, they stated
that although they are interested in pursuing a possible public art installation at the site,
they did not feel that this piece conveyed their artistic sensibilities and chose to decline
the proposal.
On April 9, 2009 the Commission recommended that the sculpture be placed at a
prominent site due to the significance of the artwork. After a discussion the motion was
made to place the sculptures at the vacant pad located in front of 1103 North Palm
Canyon Drive in the Uptown District. The vote was 4/0 to approve placing "Together
Again" by Marlene Louchheim at the location. This installation site is owned by the City
and would not require any additional agreements or third party authorizations/consents.
FISCAL IMPACT:
There is no impact to the General Fund. The estimated cost to install the sculpture is
approximately $2,500 which includes crane rental, transportation and installation by an
arts preparator. The costs shall be made from Public Arts Account#150-30-4408-50015.
i
ennifer FynriVng U Thomas Wilso
Public Arts & Special Projects Coordinator Assistant City Manager
David H. Ready, Es
City Manager
Attachments:
Picture and description of Artwork
Agreement to Enter into a Gift Agreement with Marjorie Victor for the Donation of Artwork
62
A Donation Proposal from Marjorie Victor
to the City of Palm Springs
Melissa Morgan Fine Art
73040 El Paseo, Palm Desert, California
(760) 341-1056 1 www.melissamorganfineart.com
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MARLENE LOUCHHEIM (6. 1932)
Title of Artwork: Together Again
Description: Fabricated with burlap, polished bronze and silver nickel
Size: 81"x 44"x45" and 66"x45"x34"
Completion: 2004
Biography
A Los Angeles native, Marlene Louchheim has also lived in Japan and on the
East Coast of the United States. Throughout her life, she has been a keen
observer of human relationships, and she creates her sculptures to explore the
subtleties and intricacies of human emotion. In her studios in Los Angeles and
Hawaii, Louchheim uses burlap, bronze, aluminum, and copper to create an
emotional stage for the natural twists and sensual curves in her material. Her
"bags" talk to each other-- about love, about distance, about fear and
tenderness. Each has its own message and uniqueness, like the differences that
exist in the humans who view them. Louchheim's sculptures range in size from
small intimate indoor pieces to giant aluminum and bronze bags.
TERMS/CONDITIONS
• The work has an estimated value of$80,000 USD A certificate will be
provided — any adjustments will be submitted
Sculpture is in storage in Indio, California and available now
• The gallery (Melissa Morgan Fine Art) will assist with the coordination,
transportation and installation of the artwork
GIFT AGREEMENT FOR DONATION OF ARTWORK
This Gift Agreement ("Agreement") is made as and entered into this Y. day of
APRIL, 2009, by and between MARJORIE VICTOR whose address is 899 ISLAND
DRIVE #70 RANCHO MIRAGE, CA 92270, and the CITY OF PALM SPRINGS, by and
between the City of Palm Springs, a California charter city and municipal corporation
("City").
KNOW ALL MEN BY THESE PRESENTS:
Donor does hereby irrevocably and unconditionally gift, transfer, assign, convey and
deliver, free of encumbrance, unto the City of Palm Springs, its successors and assigns,
absolute and unconditional ownership in all that certain property described as follows (the
"Property") as shown in Exhibit "A":
Property Description:
(Include artwork title, artist, completion date, description and location of artwork if item is
not physically delivered to City.)
Artist:Marlene Louchheim
Title of Artwork: Together Again
Description:The sculpture set is fabricated with burlap, polished bronze and silver
nickel. Size: the sculptures are 81"x 44"x45" and 66"x45"x34".
Completion: 2004
Location of Artwork: 81531 Industrial Place Indio, CA 92201-2014
The artwork shall be placed at a site which allows sufficient space for safe enjoyment with
approval of the Palm Springs City Council, Planning Department and Public Arts
Commission. Acceptance of this artwork shall be with no cost to the City of Palm Springs.
Funding for site preparation and installation shall come from the Public Arts Funds.
To have and to hold all such Property unto the City of Palm Springs, its successors and
assigns forever.
Donor hereby represents and warrants to the City of Palm Springs that Donor owns
unencumbered title to the Property and has the right, title and authority to gift and convey
the Property to the City of Palm Springs by this Agreement. Donor hereby assigns,
transfers and conveys to the City of Palm Springs all warranties, indemnities, agreements,
covenants and choices in action owned by Donor with respect to the Property or which
were obtained from the artist in relation to the Property. Donor hereby transfers, conveys
and assigns to the City of Palm Springs the right to make graphic reproductions and
photographs or other renderings of the Property for both commercial and non-commercial
purposes.
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IN WITNESS WHEREOF, Donor has executed this Agreement as of the date first above
written.
SIGNATURE OF DONOR:
SIGNATURE OF DONOR:
(If the Donor is married and the Property, or any portion thereof, is community
property, the signatures of both spouses are required.)
ACCEPTANCE
The City of Palm Springs hereby accepts the Property pursuant to the foregoing gift.
CITY OF PALM SPRINGS
! gr
-�� By:
David H. Ready, Esq. Ph.D.
City Manager
pub
The gift to the City of Palm Springs may be deductible in accordance with the provisions of
applicable federal and state income tax laws. However, the City of Palm Springs will not
provide or assume responsibility for any tax consequences resulting from the foregoing
transfer of the Property, nor will the City of Palm Springs provide or assume responsibility
for appraisals for tax deduction or other purposes
Value of completed piece $80,000. USD (market value) as certified in Exhibit "B".
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IN WITNESS WHEREOF, Donor has executed this Agreement as of the date first above
written.
SIGNATURE OF DONOR: t f• C�Zkn� �J `'�dC
SIGNATURE OF DONOR:
(If the Donor is married and the Property, or any portion thereof, is community
property, the signatures of both spouses are required.)
ACCEPTANCE
The City of Palm Springs hereby accepts the Property pursuant to the foregoing gift.
ATTEST: CITY OF PALM SPRINGS:
By: By:
City Clerk David H. Ready, Esq. Ph.D.
City Manager
The gift to the City of Palm Springs may be deductible in accordance with the provisions of
applicable federal and state income tax laws. However, the City of Palm Springs will not
provide or assume responsibility for any tax consequences resulting from the foregoing
transfer of the Property, nor will the City of Palm Springs provide or assume responsibility
for appraisals for tax deduction or other purposes
Value of completed piece $80,000. USD (market value) as certified in Exhibit "B".
2
EXHIBIT A
(Property)
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EXHIBIT "B"
(Certificate of Valuation)
Melissa Morgan Fine Art Ltd.
Certificate of Valuation and Authenticity
Pil
Artist: Marlene Louehheim
Title: "Together Again"
Medium: Bronze, Burlap,Mixed Media
Size: 81 x 44 x 45 and 66 x 45 x 34 inches
REPLACEMENT/FAIR MARKET VALUE: $80,000 usd
(FOR 1114SURANCE PURPOSES)
Melissa Morgan Fine art certifies that the image pictured is"Together Again", and original mixed
media sculpture by American artist Marlene Louchheim.
The term "fair market value" as used in this appraisal is defined as the price at which an object
changes bands between a willing buyer and a willing seller, acting independently of each other,
neither being under any compulsion to buy or sell, and both having reasonable knowledge of the
relevant facts. This value does not include applicable sales taxes-
IN WITNESS WHEREOF, Melissa Morgan Fine Art certifies that the aforementioned
information is certified true as of this 30th day of March 2009,
Alexander LongrnWr, Director
Melissa Morgan Fine art Ltd.
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EXHIBIT "C"
(Site)
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EXHIBIT "C"
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DESIGN BY: SCALE! FILE NO
PUBLIC ART LOCATION AT FUP NTS R 09-007C
1103 N. PALM CANYON DRIVE CHECKED BY: DATE SHEET NO.:
05/01/09 1 OF 1