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HomeMy WebLinkAbout2009 CON Friends of the Library - Donation Art Piece- CALIFORNIA "« NitTIO N qL CCfl 1. o.p... UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY The Friends of the National City Public Library (hereinafter referred to as "the Donor") hereby makes an (Name of Donor) unconditional donation, in perpetuity, of a 67" x 55" leaded colored glass panel designed by artist James Hubbell featuring a Firebird to be affixed to the inner side of a window in the library's Reference/Young Adult area (Description of Donation) (hereinafter referred to as "the Donation") to the City of National City (the "City"). The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said Donation for any public purpose that the City desires. Due to the nature of the donation, namely, a work of art, and the site on which it is installed, the Donor and his/her/its agents, heirs, successors and assigns hereby waive any and all rights they may have under the California Art Preservation Act, as set forth in Civil Code Section 987. The Donor agrees that upon completion, the physical work of art which is created or installed pursuant to this Agreement shall be transferred to and shall vest in the City of National City, and the Donor hereby expressly waives and releases all rights of ownership to the work of art, including those under Civil Code Section 988. The Donor, his/her agents, heirs, successors and assigns also agree not to attempt to defeat this waiver by cooperating with any organization which seeks to bring an action under Civil Code Section 989. Notwithstanding the foregoing, the parties acknowledge that it is the Donor's intent that the work of art being donated herewith be displayed for an indefinite period of time in the National City Public Library. Accordingly, in accepting the donation, the City agrees that in the event its City Council should determine in the future that the work of art shall be removed from the Library, the City shall first give the Donor the option to take ownership of and remove the work of from the Library at the Donor's sole cost and expense. The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, resulting from or arising out of the City's use of the Donation. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: /r/,ems/o� Dated: May 5, 2009 DONOR: The Friends of National City Public Library By. L_ Gloria Bird, President CITY OF NATIONAL CITY on Morrison, Mayor RESOLUTION NO. 2009 — 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE NATIONAL CITY PUBLIC LIBRARY TO ACCEPT A DONATION OF A JAMES HUBBELL ART PIECE VALUED AT $8,404 FROM THE FRIENDS OF THE LIBRARY CONSISTENT WITH CITY COUNCIL POLICY NO. 204 WHEREAS, the Friends of the Library (the "Donor") desire to donate an art piece, with a value of $8,404, by the internationally known artist James Hubbell in memory of Evelyn Jenkins, a former member of Friends of the Library; and WHEREAS, this donation is in compliance with City Council Policy No. 204, "Donation Acceptance Policy", and shall vest title in the art piece with the City, provided that in the event the City Council should determine in the future that the work of art shall be removed from the Library, the City shall first give the Donor the option to take ownership of and remove the work of art from the Library at the Donor's sole cost and expense. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the National City Public Library to accept the donation of an art piece, valued at $8,404, by the internationally known artist James Hubbell in memory of Evelyn Jenkins, a former member of Friends of the Library. PASSED and ADOPTED this 5th day of May, 2009. on Morrison, Mayor ATTEST: iP� Michael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 5, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /r City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-95 of the City of National City, California, passed and adopted by the Council of said City on May 5, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT `,AEETING DATE: May 5, 2009 AGENDA ITEM NO. 20 ('EM TITLE Resolution of the City Council of the City of National City accepting the donatio of a James Hubbell's art piece to the Library for a value of $8,404 from the Friends of the \\ Library in consistence with City Council's Donation Policy #204. PREPARED BY EXPLANATION M. Duong DEPARTMENT Library 470-5882 The Friends of the Library respectfully request City Council's acceptance of an art piece designed by internationally known artist James Hubbell. The art piece consists of a 67' x 55" leaded colored glass panel, to be affixed to the inner side of a window in the library's Young Adult area. Its cost is fully defrayed through the Evelyn Jenkins Memorial Fund held by the Friends of the Library. Evelyn was an active member of the Friends of the Library. Her family established the memorial fund and has requested it to be used to purchase the art piece in her memory. This gift will come at no extra cost to the City as it includes installation as well. Environmental Review ✓ N/A Financial Statement Account No. STAFF RECOMMENDATION Acceptance of donation. BOARD I COMMISSION RECOMMENDATION Donation approved by the Board of Trustees on January 14, 2009. ATTACHMENTS ( Listed Below) Resolution No. (9) Information packets. Office of the City Clerk Friends of the Library Donation of Art Piece Esther Clemente (Office of the City Clerk) Forwarded Copy of Agreement to City Library 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax