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HomeMy WebLinkAbout2023 - RESO - 30 - Art Donation AgreementCITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 Series of 2023 TITLE: A RESOLUTION APPROVING A PUBLIC ART DONATION AGREEMENT WITH KARIN SCHELKE AND THE USE OF PUBLIC ART FUNDS FOR COSTS ASSOCIATED WITH TRANSPORTATION AND INSTALLATION OF THE ART PIECE WHEREAS, Wheat Ridge resident Karin Schelke expressed interest in donating a piece of art from Kevin Box Studios to the City of Wheat Ridge; and WHEREAS, the Public Art Donation Committee and the Wheat Ridge Cultural Commission unanimously agreed to support the donation proposal; and WHEREAS, the City does not have funds budgeted for this proposal, but does have adequate funding available in the City’s Public Art Fund to cover the costs associated with transportation and installation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Agreement Approved An agreement with Karin Schelke, EXHIBIT 1, is approved to accept a public art donation from artist Kevin Box, not to exceed $25,000. DONE AND RESOLVED this 22nd day of May 2023. ________________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ARTWORK DONATION AGREEMENT THIS ARTWORK DONATION AGREEMENT (the “Agreement”) is entered into this 22nd day of May 2023 between Karin Schelke, whose address is 2902 Eaton Street, Wheat Ridge, Colorado, 80214 (“Donor”) and the City of Wheat Ridge, a Colorado municipal corporation, whose address is 7500 W. 29th Avenue, Wheat Ridge Colorado (“the City”). WHEREAS, pursuant to C.R.S. § 31-15-101(1)(d), the City possesses the authority to acquire and hold real and personal property, including the authority to accept gifts of donated property; and WHEREAS, the City Council, on behalf of the City pursuant to Charter Section 16.2 has authority to accept or refuse bequests, gifts and donations of real and personal property; and WHEREAS, Donor is the owner of an artwork generally described as set forth in Exhibit A (the “Artwork”), attached hereto; and WHEREAS, pursuant to the authority set forth above, Donor desires to donate and the City desires to accept the donation of the Artwork; and WHEREAS, Donor and the City desire to memorialize such donation through this Agreement and the terms set forth herein. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: Section 1. Donation of Property. Donor does hereby agree to donate the Artwork to the City for no consideration. Section 2. Name and Use of Artwork. The City agrees to name the Artwork based on the artist’s recommendation and to locate the same in the City’s Prospect Park. The City will affix a plaque on or adjacent to the Artwork identifying the name of the Donor and the fact of the donation. The City may at any time alter the location of the Artwork in its sole discretion. Section 3. Public Purpose. The City agrees that the Artwork shall be used for public park purposes, including all uses incidental thereto, and upon installation of the same, shall be solely responsible for its maintenance. Section 4. Transaction Costs. The City shall pay all costs of transport and installation of the Artwork. Section 5. Taxes. The Donor has represented to the City that the value of the Artwork is approximately $25,000. Donor shall be and remain responsible for any tax consequences of this donation. The City shall reasonably cooperate in confirming the fact and date of the donation, but in no event shall be responsible for communication with any state or federal agency with respect to the donation, the same being Donor’s sole responsibility. EXHIBIT 1 2 DONOR: By: ATTEST: Name & Title: STATE OF COLORADO COUNTY OF _________________ Subscribed and sworn to before me on _________________,2023, by ________________, as Donor. WITNESS MY HAND AND OFFICIAL SEAL. Notary Public My commission expires: CITY OF WHEAT RIDGE, COLORADO By: Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk EXHIBIT A The exact piece cannot be identified until the donation is approved by City Council. The donor will select from available inventory within her budget ($25,000) at that time, as approved by the Public Art Donation Committee and the Wheat Ridge Cultural Commission. Examples: 4 The art will be installed at Prospect Park, identified in 2013 as a high priority location for art by the Wheat Ridge Cultural Commission (specifically called out in the Public Art Management Plan). This was approved by the Public Art Donation Committee and the Cultural Commission.