HomeMy WebLinkAbout05848 - MARLENE LOUCHHEIM ��
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GIFT AGREEMENT FOR DONATION OF ARTWORK
This Gift Agreement ("Agreement") is made as and entered into this 10 day of
N&,t , 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.
7110
A-IN.J/C,R d l+a6`d�3rib�r-NT
IN WITNESS WHEREOF, Donor has executed this Agreement as of the date first above
written.
a
SIGNATURE OF DONOR: cater a a
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:
B
City Clerk David H. Re sq. 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".
P;-i Cl91 rs [,S TG F-0-R-10 APPROVED By CITY C00CIL
City ttor
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EXHIBIT "B"
(Certificate of Valuation)
Melissa Morgan Fine Art Ltd.
Certificate of Valuation and Authenticity
Artist: Marlene Louchheim
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 INSURANCE 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 hands 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 I q day of 14nj 2009,
i JA
Alexander ,ongYnuir, Directo
Melissa Morgan Fine art Ltd.
State of California )
)ss.
County of Riverside )
On 0a CAW 1 tl , 2--609 before me,'a o- CiL r
Date In� Name and Title of Officer
Personally appeared �(_ L_t� vt! c,m�.�.
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(,&) whose
name(s) is/afe- subscribed to the within instrument and acknowledged to me that
he/sky ey- executed the same in hisA4Qa4494 authorized capacity(+es), and that by
his/Aaf4, 1 it signature(-a) on the instrument the person(&) or the entity upon behalf of
which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
C
bry� 1 Signature of Notary Public
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