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HomeMy WebLinkAbout09-11-2025 Donation Acceptance Agreement with Duerk Family Trust DONATION ACCEPTANCE AGREEMENT THIS AGREEMENT, made on by and between the City of San Luis Obispo, a municipal corporation (hereinafter called the Owner) and the Donna P. Duerk Estate (hereinafter called the Donor). WITNESSETH: WHEREAS, the City Council established and funded a public art program in 1990 (Resolution No. 6811 (1990 Series)); and WHEREAS, Donor desires to provide a community wide improvement to benefit the public art program; and WHEREAS, Donor will donate $21,730.07 for the City to use towards a permanent public art installation; and WHEREAS, the City has already identified the next permanent piece of public art to be installed at the Righetti Ranch Park; and WHEREAS, acceptance of this donation is consistent with the City policy regarding donation as set forth in Resolution No. 8965 (1999 Series). NOW THEREFORE, in consideration of their mutual promises, obligations and covenants herein, the parties herby agree as follows: 1. CITY’S OBLIGATIONS. The City shall perform as follows: a. Manage the installation of the public art piece at the Righetti Ranch Park in accordance with City policy and procedure. b. Install a plaque in honor of Donor in accordance with applicable City policies. 2. DONOR’S OBLIGATIONS. The Donor shall perform as follows: a. Donate $21,730.07 to the City for the City to use towards installation of public art. Donor agrees that no other restrictions will be placed on the donation. b. Donor acknowledges and agrees that selection, installation, maintenance, and removal of the public art piece will be done in accordance with City policy generally applicable to permanent public art pieces and at the sole discretion of the City. c. Donor acknowledges and agrees that the piece of public art is and will at all times remain property of the City unless and until disposed of by the City. d. Donor acknowledges and agrees that, other than the plaque in honor of Donor, Donor will not receive any concessions, entitlements, benefits, or other consideration from the City in exchange for the donation. 3. ADMENDMENTS. Any amendment, modification, or variation from the terms of this agreement shall be in writing and shall be effective only upon approval by the City Manager. 4. AUTHORITY TO EXECUTE. Both City and Donor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. Docusign Envelope ID: 272A4209-0E2B-43C7-A682-9235343DA2D6 9/11/2025 | 10:12 AM PDT IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation Erica A. Stewart, Mayor APPROVED AS TO FORM: DONOR: Christine Dietrick, Stephanie Mamis, Trustee for the City Attorney Donna P. Duerk estate Docusign Envelope ID: 272A4209-0E2B-43C7-A682-9235343DA2D6