HomeMy WebLinkAbout01-07 Resolution~SCHOTTENSTEIN
ZOX~LDUNN ,
~YIEMORAND UlYI
TO: Dublin City Council
Jane S. Brautigam, City Manager
FROM: Stephen J. Smith, Law Director
Jennifer D. Readier, Assistant Law Director
DATE: January 3, 2007
RE: Resolution 01-07 Acknowledging Donation of Sculptiue "Dancing Hares" by
Peter Edwards
As you are aware, in December Peter Edwards offered to donate the sculpttue known as
"Dancing Hares" to the City of Dublin. A Contribution Agreement (attached) was prepared to
reflect the donation and the City Manager executed the Agreement on December 20, 2006.
We prepared Resolution 01-07 for Council to acknowledge the City Manager's
acceptance of the donation. The Legal Department will be happy to answer any questions related
to the donation.
RECORD OF RESOLUTIONS
Inc., Form No.
01-07
Resolution No.
Passed , 20.
A RESOLUTION ACKNOWLEDGING THE DONATION OF
CERTAIN PROPERTY BY PETER H. EDWARDS
1
1
1
WHEREAS, Peter H. Edwards ("Edwards") commissioned a work of art for the
Ballantrae development known as "Dancing Hares," and
WHEREAS, Edwards offered to donate this artwork to the City of Dublin; and
WHEREAS, Dublin residents will benefit from the addition of "Dancing Hares" to
the City's existing inventory of public art; and
WHEREAS, the City Manager has entered into an agreement with Edwards
accepting the donation on behalf of the City of Dublin.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring, that:
Section 1. The donation of "Dancing Hares" previously accepted by the City
Manager is hereby acknowledged.
Section 2. This Resolution shall take effect and be in force from and after the
earliest date provided by law.
Passed this ~~ day of , 2007.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
De ty rk of Council, Dublin, Ohio
CONTRIBUTION AGREEMENT
This Contribution Agreement is made by Peter H. Edwards ("Edwards") an individual
with a mailing address of 495 South High Street, Columbus, Ohio 43215, and The City
of Dublin ("Dublin") a municipal corporation organized under the laws of the State of
Ohio and having an off ce and place of business located at 5200 Emerald Parkway,
Dublin, Ohio 43017. (Edwards and Dublin hereafter sometimes individually referred to
as a "Party" or collectively as the "Parties"). The effective date of this Contribution
Agreement is December 29, 2006.
BACKGROUND INFORMATION
(A) Edwards is the owner of a certain sculpture by Sophie Ryder entitled Dancing
Hares (the "Artwork"}.
(B) Edwards desires to donate the Artwork to the City of Dublin.
(C) The City of Dublin desires to accept and receive the Artwork
NOW THEREFORE, in consideration of the promises contained herein, the Parties
agree as follows:
1. Donation. Edwazds hereby donates to Dublin the Artwork for no monetary
consideration and as a charitable gift and donation.
2. Cooperation. Dublin agrees upon request of Edwards to confirm such
donation by executing Internal Revenue Service Form Number 8283 Part IV
"Donee Acknowledgement" anexample of which is attached as Exhibit "A".
In witness whereof the Parties have set their names.
PETER H. EDWARDS
Peter H. Edwazds
Individually
Date: lZ~ -'/ ~- o C
THE CITY OF DUBLIN
~av..v
By: C.7~a~.~G ~• J ea.
Its: G.
Date: ~ / ao 1 d~
EXHIBIT "A'r
Fwm
2
Namets) shown on your income tax return Identifying number
PETER H. EAWARUS _ _ _
Section B. Donated Property Over $5,000 (Except Certain Publicly Traded Securities}-List in this section only items
(or groups of similar items} for whjch you claimed a deduction of more than $5,000 per item or group (except contributions of certain
publicly traded securities reported in Section A}, An appraisal is generally required for property listed in Section B {see Instructions).
Information on Donated Propertv-To he completed by the taxDaver andlor the aaoraiser.
4 Check the box that describes the type of property donated:
Art' (contribution of $20.OD0 or more) ^ Oualified Conservation Contribution ^ Equipment
^ Art' (contribution of less than $2p,000) ^ Other Real Eslale ^ Securities
^ Collectibles" ^ InlelleClual Property ^ Other
'Art inclutles paintings, sculptures, watercolors. prints, drawings, ceramics, antiques, decoraliue ens, textiles, carpels, silver, rare manuscripts, historical memorabilia,
and other similar objects.
"collectibles include coins, stamps, books, gems, jewelry, sports memorabilia, dolls, etc.. but not art as defined above.
Note. If your total art contribution was $20,000 or more, you must attach a complete copy of the signed appraisal. If your deduction for any donated
property was more than 5500,000, you must attach a qualified appraisal of the properly. See instructions.
- _ __ _ _ _-
5 (a) Desaiptlon of donaletl property (if you need
more space, attach a separate statement)
(b) 1f tang,bte property was donated, give a brief summary of the overall
physical condition of the progeny at the t,me of the gift
(c) Appraised fair
market value
A i 'e R
B
C
D
(d) Date acquired (e) How acquired (f) Donor's cost or
(g) For bargain sales
enter See instructions
by donor (mo., yr.)
by donor
adjusted basis .
amount received (h) Amount cleaned as a
deduction (i) Average trading pace
o1 secur,Ges
A
B C
C _
D
Taxpayer (Donor} Statement-List each item included in Part I above that the appraisal identifies as
having a value of $500 or less. See instructions.
I declare that the following item(s) included in Part 1 above has to the best of my knowledge and belief an appraised value of not more than $500
(per item). Enter identifying letter from Part I and describe the specific item. See instructions. -
Signature of taxpayer (donor) - Date -
Declaration of Appraiser
i declare that I am not the donor, the donee, a party io the transaction in which the donor acquired the property, employed by, or related to any of the
foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the
transaction, I performed the majority of my appraisals during my tax year for other persons.
Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications
as described in the appraisal, I am qualified to make appraisals of the type of property being valued. I certify that the appraisal fees were not based
on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as
described in the qualified appraisal or this Form 82!33 may subject me to the penalty under section 6701(x) (aiding and abetting the understatement
of tax liability). t affirm that I have not been barred from presenting evidence or testimony by the Office of Professional Responsibility.
Sign
Here Signature - 7itle - Date -
Business address (including room or suite no.)
City or town, slate, and ZIP code
Identifying number
• . Donee Acknowledgment-To be completed by the charitable organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as
described in Section B, Part I, above on the following date -
Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of the properly described in Section B, Part I (or any
portion thereoQ within 2 years after the date of receipt, it will file Form 8282, Donee Information Return, with the IRS and give the donor a copy of that
form, This acknowledgment does not represent agreement with the claimed fair market value.
Does the organization intend to use the
for an unrelated use?
Employer identification number
- ^ Yes ^ No
Name of Charitable orgarnzalion (donee}
Address (number, street. and room or suite no.)
Authorized s,gnatun
~x~-cu ~R/ /~ v~zs~o4
City or town, slate, and ZIP code
Date
}~/i~ ~ hE pr~wi~~~
G4Te 2