HomeMy WebLinkAbout2/16/2005 - STAFF REPORTS (13) Date: February 16, 2005
To: City Council
From: Director of Community& Economic Development
APPROVAL OF GIFT AGREEMENT BETWEEN THE JOHN KENNEDY TRUST(DONOR)AND
THE CITY OF PALM SPRINGS FOR A BRONZE SCULPTURE ENTITLED THE "SYMPATICO."
RECOMMENDATION:
That the City Council approve the Gift Agreement between the John Kennedy Trust (Donor) and
the City of Palm Springs for a bronze sculpture entitled the "Sympatico."
BACKGROUND:
Long time Palm Springs resident and sculptor John Kennedy passed away in July 2004. The
family contacted the Mayor's office in August 2004 to offer a donation to the City of a sculpture
titled The Sympatico. The family's local representative presented a formal offer and photograph
of the piece to the Public Arts Commission at their September 9, 2004 meeting. The
Commission voted unanimously to accept the donation.
The bronze sculpture consists of two separate bronze abstract figures each measuring 60"x
48"x 18". His family also donated a stone bench. The market value is $65,000 and was
confirmed by Coda Gallery in Palm Desert.
The artwork will be temporarily placed at City Hall at a site allowing sufficient space for safe
enjoyment by the general public. The sculpture will be moved to the Sculpture Garden at the
Convention Center when construction is completed in the Fall of 2005.
The sculpture and bench are being given to the City of Palm Springs at no cost. Funding for the
moving, storage, site preparation and/or installation shall come from the Public Arts Funds. No
general fund money will be used for this project.
Dir to f Com ity& Economic Development Public Arts dministrator
Approve
r,.r�m"_fi r
City Manager
Attachments: 1) Minute Order
2)Agreement
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Feb 01 05 01 : 21p John Kennedy 7603209516
p. 2
3aN-0,7-2005 THU 12:27 PM CITY OF PW SPRINGS FAX HU, Ibu acc oacv
GIFT AGREEMENT
'f hie Gift Agraen'+ent("Agreement")is made as of J 2005, by and between The
Jof i Kc:nnedy'I"ruH,("Donor)whose address is 73151 El Paseo Suite C,Palm DBsert,
Califorilia 92260, and the CITY OF PALM SPRINGS,a municipal corporation.
KNOW ALL MEN BY THESE PRESENTS:
0anor 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
unrcirlditional ownership in all that certain property described as follows(the"Property"):
PloriLdy Description:
(Ir)!uda all"VOrk lisle, artist, canPletron date, description and location of artwork V item is not physically
di.IlVCpi110 Cily.)
Aliist: John Kennedy
Tlfir-,ofAriwork: The Sympatico
Desoriptiow Brorae sculpture consisting of two separate pieces each 60" x 48"x 18",
Edition No. 1-Artist Proof
Slone bench included as pars of the gift
Crrmpiehon: DaW 01-24-95
Vake. $65,000 Market Value submitted by Coda Gallery
The+ attWork shall be placed at a site which allows sufficient space for safe enjoyment with
approval of the PalmSprings City Council, Planning Department and Public Arts Commission.
A=Ia Line-- of this sculpture shall be with no cost to the City of Patin Springs. Funding for site
preparation and installation shall come from the Public Arts Funds.
Tn hava and to hold all such Property unto the City of Palm Springs, its successors and assigns
folv-dor, .
66nor l�'rrtby represents and warrants to the City of Palm Springs that Donor owns
urreTlcumbarerl title to the Property and has the right, title and authority to gift and convey the
Property to the City of Palm O)prings by this Agreement. Donor hereby assigns, transfers and
convoys to the City of Palm Springs all warranties, indemnities, agreements, covenants and
rhoicr-a in uction owned by Donor with respect to the Property or which were obtained from the
artii;t In reNrtion to the Property. Donor hereby transfers, conveys and assigns to the City of
P;4m f;prfnris ilia right to make graphic reproductions and photographs or other renderings of
the Property W both commercial and non-commercial purposes.
f--'S213a%1014084-000112063261.1 09107t93 - 1 of 2-
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Feb 01 05 01 : 21p John Kennedy 7603209516 p. 3
M-27-2005 TUU t2:29 PM CITY OF PALM SPRINGS FAX NU, IbU eye naeo 1 .
IN 1Nilr4E:S5 WHEREOF, Donor has executed this Agreement as of the date first above
writte,1.
It,,NA'il7REOr DONOR:
--
(if tho Donor Is married and the Property, or any portion thereof, is community properly,
th4',saclr,atures of bath spouses are required.)
ACCEPTANCE
Tri a City of pair n Springs hereby accepts tite Property pursuant to the foregoing gift.
CITY OF PALM SPRINGS
ey7
Approved as toformt-------,-.._ _ _—
City Attorney
,file. gift to the City of Palin Springs may be deductible in accordance with the provisions of
a{i(aiicahiE: frdoral and state Income tax laws. However, 1he City of Palm Springs will not
provide o' a+isumc responsibility for any tax consequence., resulting from the foregoing transfer
of llte Property, nor will the City of Palm Springs provide or assume responsibility for appraisals
rnr i.1x riEtQuclion or ofrter purposes
-2
MINUTE ORDER
APPROVING THE GIFT AGREEMENT BETWEEN THE JOHN
KENNEDY TRUST (DONOR) AND THE CITY OF PALM SPRINGS
FOR A BRONZE SCULPTURE ENTITLED THE "SYMPATICO."
I HEREBY CERTIFY that the Minute Order approving the Gift Agreement between the John
Kennedy Trust (Donor) and the City of Palm Springs for the bronze sculpture entitled the
"Sympatico" was adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on February 16, 2005.
JAMES THOMPSON
City Clerk
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