Gift of Birger Sandzen Painting AGREEMENT FOR GIFT OF ART
This Agreement for Gift of Art(this"Agreement")is entered into this 11th day of December
2023 between Karen Hale Young on behalf of the Karen Hale Young Family ("Donor") and the
City of Salina, Kansas ("City") for the benefit of the Salina Arts & Humanities Public Art
Collection.
Recitals
A. Donor has acquired a 38 by 47.5-inch framed oil panting entitled "Smoky River"
by Birger Sandzen described in detail in Attachment A (the "Artwork") and wishes to gift the
Artwork to the City for the benefit of the Salina Arts&Humanities Public Art Collection for public
display in acknowledgement of the strong commitment to the arts by the citizens of Salina and
Salina Arts & Humanities.
B. Donor desires by this Agreement to evidence the gift of the Artwork to the City and
the City desires to accept the gift of the Artwork pursuant to the terms of this Agreement.
The Donor and the City agree and covenant:
1. Gift of the Artwork. Donor irrevocably gifts the Artwork to the City effective
upon Donor's transfer of ownership and possession of the Artwork to the City upon approval of
this Agreement by the City's Governing Body on December 11, 2023 at the offices of the Salina
Arts & Humanities Department to be accessioned into the Salina Arts & Humanities Public Art
Collection for public exhibition, education, and research, subject to the terms and conditions of
this Agreement.
2. Donor's Representations and Responsibilities.
(a) Donor represents that the Artwork was lawfully acquired by Donor, that to the
best of Donor's knowledge no challenge to Donor's ownership of the Artwork
is currently pending, and that Donor has full legal ownership of and the legal
authority to irrevocably gift the Artwork to the City pursuant to this Agreement.
(b) Donor agrees that Donor's designated licensed appraiser, Justin Rogers d/b/a
Rogers Fine Art, will provide the City with a written appraisal of the Artwork
on or before December 15, 2023 for the City's use in properly insuring the
Artwork and for valuation of the gift to the City for purposes of the United
States Internal Revenue Service.
(c) Donor agrees to gift $5,000 to the City contemporaneously with and as a
precondition of the transfer of ownership and possession of the Artwork to the
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City to be accounted for and applied by the City for framing expenses and
conservation of the paint damage noted in Exhibit A and any additional paint
conservation at such future time or times as additional paint conservation is
deemed necessary and appropriate.
3. City's Representations and Responsibilities.
(a) Care of the Artwork. Upon receipt of ownership and possession of the Artwork
by the City at the offices of the Salina Arts & Humanities Department, the City
shall accept responsibility for the care of the Artwork in accordance with the
standards recommended by current painting conservation professionals.
(b) The City acknowledges the Donor's expectation that the Artwork is given to the
City to be on public exhibit. The City agrees to publicly exhibit the Artwork in
public buildings, public schools, or other secure publicly accessible facilities
where security and archival preservation considerations can be adequately
addressed, except as necessary during reasonable time intervals required for
care of the Artwork or to protect the Artwork while other work is performed in
the facility in which the Artwork is otherwise publicly exhibited.
(c) The City will recognize Donor in a press release pre-approved by the Donor
and the City, which may include print or electronic media and other suitable
means. At Donor's request, the Artwork label will not include Donor's name
or personal information.
4. Potential Deaccession. The City acknowledges and agrees that Artwork is not to
be sold by the City; however, Donor and the City agree that under currently unanticipated future
circumstances the Artwork may be deaccessioned to another entity with the capacity and expertise
to be responsible for the care, maintenance, and public exhibition of the Artwork as described in
this Agreement. Any such decision to deaccession the Artwork shall be at the discretion of the
City's governing body as determined in a public meeting of the governing body.
5. Administration. The City's responsibilities pursuant to this Agreement shall be
administered by the City Manager and the City's Director of Arts & Humanities as the City
Manager's designee.
6. Kansas Budget and Cash Basis Laws. The City is subject to Kansas budget and
cash basis laws, and operates on a calendar fiscal year.
7. Application of Kansas Open Records Act. This Agreement is a public record in
the possession of the City of Salina as a public agency under the Kansas Open Records Act. As
such, the City cannot assure Donor anonymity unless anonymity of Donor is a condition of the
donation. The City understands the gift of the Artwork is not conditioned upon anonymity of
Donor.
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8. Interpretation. This Agreement shall be interpreted according to its fair meaning,
and not in favor of or against any party.
9. Applicable Law; Venue. This Agreement and its validity, construction and
performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or
interpret this Agreement, the sole and exclusive venue shall be in the Saline County, Kansas District
Court.
10. Binding Effect. This Agreement shall extend to and bind the heirs, executors,
administrators, trustees, successors, and authorized assignees of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their authorized representatives.
CITY OF SALINA,KANSAS
By: L�����i
Mi .- P. • k -r
Attest:
Nikki Goding, City Clerk C
P/
Form: 47
r; A. Bengtso iLegal ounsel
KAREN HALE YOUNG on;behalf of the
KAREN HALE YOUNG AMILY
of
Karen Hale Young
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