Curtis Collection_Bill of Sale (unexecuted)THE CITY OF
DuB E
MASterpiece on the Mississippi
BARRY (_INpA 'L'
CITY ATTOF2NE~Y
MEMORANDUM
To: Mayor'Roy D, Buol and
Members of the City Council
DATE: December 29, 2009
Re: Curtis Collection
The Bill of Sale for the Curtis Collection from Dubuque Cultural Preservation Committee
to the Dubuque Museum of Art, a copy of which is attached, provides that in the event
the Dubuque Museum of Art ceases to exist, the Curtis Collection is to be transferred to
the City of Dubuque,
The Bill of Sale requires an acknowledgement by the City with respect to the provision
that the Curtis Collection will be transferred to the City.
would request that you give consideration to the Bill of Sale and authorize the City
Manager to sign the attached acknowledgement.
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Susan Henricks, Library Director
F:\USERSItsteckle\LindahllMemoslMayorCouncll CurtlsColleCtion_122909.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
BILL OF SALE
For zero consideration and with the intent to make a gift, DUBUQUE CULTURAL
PRESERVATION COMMITTEE, an Iowa general partnership ("Donor"), does hereby give,
transfer and assign to the DUBUQUE MUSEUM OF ART, an Iowa nonprofit corporation tax-
exempt pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended
("Donee"), the following described property located in the City of Dubuque, Dubuque County,
State of Iowa:
The North American Indian, by Edward S. Curtis, 1907-1930, consisting of 20
illustrated volumes of ethnographic text and over 7201arge-format photogravures
- complete set of both volumes and portfolios.
One (1) Mission-style oak multi-door cabinet specifically designed to store the
above.
The above collection of 20 illustrated volumes of ethnographic text and over 720
large-format photogravures and cabinet shall be collectively referred to as the
"Curtis Collection."
Donor hereby covenants with Donee that Donor is the owner of the Curtis
Collection, that Donor has good and lawful authority to give, transfer, and assign
the Curtis Collection, and that the Curtis Collection is free and clear .of all liens,
security interests and encumbrances except as may be above stated; and Donor
covenants to warrant and defend the Curtis Collection against the lawful claims of
all persons except as maybe above stated.
DONOR HEREBY GIVES, TRANSFERS AND ASSIGNS THE
CURTIS COLLECTION IN "AS IS" CONDITION.
CERTIFICATION. Donee and Donor each certify that they are not acting,
directly or indirectly, for or on behalf of any person, group, entity or nation
named by any Executive Order or the United States Treasury Department as a
terrorist, "Specially Designated National and Blocked Person" or any other
banned or blocked person, entity, nation or transaction pursuant to any law, order,
rule or regulation that is enforced or administered by the Office of Foreign Assets
Control; and are not engaged in this transaction, directly or indirectly, bn behalf
of any such person, group, entity or nation. Each party hereby agrees to defend,
indemnify and hold harmless the other party from and against any and all claims,
damages, losses, risks, liabilities and expenses (including attorney's fees and
costs) arising from or related to my breach of the foregoing certification.
RESTRICTIONS AND CONDITIONS RE GIFT:
1. Donee shall not voluntarily encumber, pledge or otherwise grant a
security interest in or lien against the Curtis Collection, or any portion thereof;
2. Donee shall not sell or otherwise transfer or convey for consideration
By.
Randy Lengeling, M.D., Partner
ACCEPTED BY DUBUQUE MUSEUM OF ART,
an Iowa nonprofit corporation
By
Its Authorized Representative
ACKNOWLEDGED BY THE CITY OF DUBUQUE,
IOWA WITH SPECT TO SECTION 3 ABOVE
By
Its Authorized Representative
Michael C. Van Milligen - City Manager
G:\WPDOCS\SHEILA\DOCS\GKN-BJK\DubCultural Bill of Sale-Clean.rtf
BILL OF SALE
For zero consideration and with the intent to make a gift, DUBUQUE CULTURAL
PRESERVATION COMMITTEE, an Iowa general partnership ("Donor"), does hereby give,
transfer and assign to the DUBUQUE MUSEUM OF ART, an Iowa nonprofit corporation tax-
exempt pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended
(".Donee"), the following described property located in the City of Dubuque, Dubuque County,
State of Iowa:
The North American Indian, by Edward S. Curtis, 1907-1930, consisting of 20
illustrated volumes of ethnographic text and over 7201arge-format photogravures
- complete set of both volumes and portfolios.
One (1) Mission-style oak multi-door cabinet specifically designed to store the
above.
The above collection of 20 illustrated volumes of ethnographic text and over 720
large-format photogravures and cabinet shall be collectively referred to as the
"Curtis Collection."
Donor hereby covenants with Donee that Donor is the owner of the Curtis
Collection, that Donor has good and lawful authority to give, transfer, and assign
the Curtis Collection, and that the Curtis Collection is free and clear of all liens,
security interests and encumbrances except as may be above stated; and Donor
covenants to warrant and defend the Curtis Collection against the lawful claims of
all persons except as maybe above stated.
DONOR HEREBY GIVES, TRANSFERS AND ASSIGNS THE
CURTIS COLLECTION IN "AS IS" CONDITION.
CERTIFICATION. Donee and Donor each certify that they are not acting,
directly or indirectly, for or on behalf of any person, group, entity or nation
named by any Executive Order or the United States Treasury Department as a
terrorist, "Specially Designated National and Blocked Person" or any other
banned or blocked person, entity, nation or transaction pursuant to any law, order,
rule or regulation that is enforced or administered by the Office of Foreign Assets
Control; and are not engaged in this transaction, directly or indirectly, on behalf
of any such person, group, entity or nation. Each party hereby agrees to defend,
indemnify and hold harmless the other party from and against any and all claims,
damages, losses, risks, liabilities and expenses (including attorney's fees and
costs) arising from or related to my breach of the foregoing certification.
RESTRICTIONS AND CONDITIONS RE GIFT:
1. Donee shall not voluntarily encumber, pledge or otherwise grant a
security interest in or lien against the Curtis Collection, or any portion thereof;
2. Donee shall not sell or otherwise transfer or convey for consideration
By
Randy Lengeling, M.D., Partner
ACCEPTED BY DUBUQUE MUSEUM OF ART,
an Iowa nonprofit corporation
By
Its Authorized Representative
ACKNOWLEDGED BY THE CITY OF DUBUQUE,
IOWA WITH RESP T TO SECTION 3 ABOVE
By
is Authorized Representative
Michael C. Van Milligen - City Manager
G:\WPDOCS\SHEILA\DOCS\GKN-BJK\DubCultural Bill of Sale-Clean.rtf
BILL OF SALE
For zero consideration and with the intent to make a gift, DUBUQUE CULTURAL
PRESERVATION COMMITTEE, an Iowa general partnership ("Donor"), does hereby give,
transfer and assign to the DUBUQUE MUSEUM OF ART, an Iowa nonprofit corporation tax-
exempt pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended
("Donee"), the following described property located in the City of Dubuque, Dubuque County,
State of Iowa:
The North American Indian, by Edward S. Curtis, 1907-1930, consisting of 20
illustrated volumes of ethnographic text and over 7201arge-format photogravures
- complete set of both volumes and portfolios.
One (1) Mission-style oak multi-door cabinet specifically designed to store the
above.
The above collection of 20 illustrated volumes of ethnographic text and over 720
large-format photogravures and cabinet shall be collectively referred to as the
"Curtis Collection."
Donor hereby covenants with Donee that Donor is the owner of the Curtis
Collection, that Donor has good and lawful authority to give, transfer, and assign
the Curtis Collection, and that the Curtis Collection is free and clear of all liens,
security interests and encumbrances except as may be above stated; and Donor
covenants to warrant and defend the Curtis Collection against the lawful claims of
all persons except as may be above stated.
DONOR HEREBY GIVES, TRANSFERS AND ASSIGNS THE
CURTIS COLLECTION IN "AS IS" CONDITION.
CERTIFICATION. Donee and Donor each certify that they are not acting,
directly or indirectly, for or on behalf of any person, group, entity or nation
named by any Executive Order or the United States Treasury Department as a
terrorist, "Specially Designated National and Blocked Person" or any other
banned or blocked person, entity, nation or transaction pursuant to any law, order,
rule or regulation that is enforced or administered by the Office of Foreign Assets
Control; and are not engaged in this transaction, directly or indirectly, on behalf
of any such person, group, entity or nation. Each party hereby agrees to defend,
indemnify and hold harmless the other party from and against any and all claims,
damages, losses, risks, liabilities and expenses (including attorney's fees and
costs) arising from or related to my breach of the foregoing certification.
RESTRICTIONS AND CONDITIONS RE GIFT:
1. Donee shall not voluntarily encumber, pledge or otherwise grant a
security interest in or lien against the Curtis Collection, or any portion thereof;
2. Donee shall not sell or otherwise transfer or convey for consideration
By
Randy Lengeling, M.D., Partner
ACCEPTED BY DUBUQUE MUSEUM OF ART,
an Iowa nonprofit corporation
By
Its Authorized Representative
ACKNOWLEDGED BY THE CITY OF DUBUQUE,
IOWA WITH RESP CT TO SECTION 3 ABOVE
By
is Authorized Representative
Michael C. Van Milligen -City Manager
G:\WPDOCS\SHEILA\DOCS\GKN-BJK\DubCultural Bill of Sale-Clean.rtf