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Home My WebLink About18-0928 Outside Exhibition Group - American Nocturne MuralPROVENANCE AGREEMENT REGARDING THE AMERICAN NOCTURNE MURAL THIS AGREEMENT is made and entered into this 28 day of September, 2018, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City "), Outside Exhibition Group, Inc., an Illinois not - for - profit corporation (hereinafter referred to as "OEG "), Paul Pedersen (hereinafter referred to as 'Paul Pedersen "), David Powers (hereinafter referred as "David Powers'), and Milt Evans (hereinafter referred to as "Milt Evans "). WHEREAS, in 2007 the City pursuant to a grant paid to the Outside Exhibition Group, an Illinois not - for- profit organization (hereinafter referred to as "OEG ") commissioned the creation of a mural entitled and now known as "American Nocturne" (hereinafter referred to as the "American Nocturne Mural "); and WHEREAS, the parties hereto wish to memorialize and document the provenance and ownership of the American Nocturne Mural; and , WHEREAS, the Outside Exhibition Group (OEG), Inc., an Illinois not - for - profit corporation, was created by David Powers, Paul Pedersen and Milt Evans, on or before July 26, 1999, and was dissolved as of December 9, 2011; and WHEREAS, Paul Pedersen is entering into this Agreement individually and on behalf of OEG as its president; and WHEREAS, David Powers is entering into this Agreement individually and as the lead artist and creator of the American Nortume Mural; and on behalf of OEG as its Vice President, registered agent and the creator and lead artist of the American Nocturne Mural; and WHEREAS, Milt Evans is entering into this Agreement individually and on behalf of OEG as its secretary. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid, and in consideration of the mutual undertakings in conjunction with the original grant paid by the City to OEG for the creation of the American Nocturne Mural, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto acknowledge and agree as follows: 1. The American Nocturne Mural consists of a total of 8 panels, each panel measuring 4 feet wide by 10 feet tall, with the assembled mural having an overall length of 32 feet and a height of 10 feet. The panels of the mural are made of MDO 3/4 inch plywood and are attached to one another using 3/4 inch french cleats. The type of paint is acrylic house paint in nature. A photograph depicting the American Nocturne Mural is below: 2. The City commissioned the creation of the American Nocturne Mural in 2007 pursuant to a grant in the amount of $7,000 the City paid to OEG. Artist David Powers was the lead artist for OEG. Artist David Powers created the concept and design of the American Nocturne Mural based upon a portion of a photograph of a lynching in 1930 at Marion, Indiana. The American Nocturne Mural depicts a portion of the crowd at the lynching. Artist David Powers was the lead artist for the fabrication and painting of the American Nocturne Mural. 3. The City of Elgin is the owner of the American Nocturne Mural and owns all right, title and interest in the American Nocturne Mural. 4. The City displayed the American Nocturne Mural on a City owned lot on South Grove Avenue in Elgin, Illinois, until 2016. The City removed the American Nocturne Mural from public display in 2016. Since the removal of the American Nocturne Mural from public display in 2016 and continuing until the date of this Agreement the City has kept the American Nocturne Mural in storage. 5. The following is a statement of OEG and the artist David Powers regarding the American Nocturne Mural: "Out of respect, the murdered men were left out of the design. The message posed was that murderers are taught to hate and kill. For all purposes, the murderers appear like regular people anyone would meet on the street, in church, or at a picnic except their families endorsed hate and murder as the primary instruments to attain and maintain control in their community. American Nocturne was the third mural in a five year, five mural project created by artist David Powers and the OEG (Outside Exhibition Group) to teach local college students from Judson University to pairtlarge scale, public art with powerful statements for the public to contemplate and understand. Lynching, environmental concerns, immigration, government and public participation in the life of a town were the subjects explored and painted by the students, Natalie Doolittle, Mike Garcia and Amy Sawyer, under the supervision and direction of lead artist David Powers. The OEG was created by David Powers, Paul Pedersen and Milt Evans to help educate students and create public discourse about issues from the past, present and future in our country." IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement as of the date and year first written above. CITY OE..U� OUTSIDE EXHIBITION GROUP, INC. C m --- A-- Pedersen Art At City Clerk As President of OEG and individually B David Powers As Vice President of OEG and individually BkAtEvan s 2 As Secretary of OEG and individually STATE OF ILLINOIS ) )SS COUNTY OF K A N E ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that PAUL PEDERSEN personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument. Given under my hand and official seal this �?8 day of September, 2018 IMP 1i9�P MOLLIE M MALLETT SE oFFlc�a,i-scn. eu cor My COmn , tiw Li, :.a7o Notary Public I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that DAVID POWERS personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument. 17 Q Given under my hand and official seal this A Q day of September, 2018 IMPRE A-1 - - - - - - - - SEAL MOVIE M MALLETT C� y / �/ �CGZ'�� a`�K *OFFICIAL SEA / / / / / n.rea• My Commission Expires •al ,� 75.2020 Notary Public I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that MILT EVANS personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument. Given under my hand and official seal this �2$ day of September, 2018 IMPREV OTARIAL - - - - - - - - _ SEAL.. rti�LU.'MMEA[ -' aor.nv "OFFICIAL SEAL' r,e sra-r or My Commission [wrue> Notary Public areas �p IS. 2070 I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that RICHARD G. KOZAL, City Manager of the City of Elgin, and KIMBERLY DEWIS, City Clerk of the City of Elgin, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument. Given under my hand and official seal this 28 day of September, 2018 IMPRESS NOTARIAL SEAL HERE Notary Public =LCOIS SEAL"-- - KATLIN S. BAILEY Notary Pubik State of Illirab FALegal Dept\AgrmmenffrovenanceAgr- American Nocturne Mural -David Powers- 9- 12- 18.docx MyComm1�I011 �� 060t2l PROVENANCE AGREEMENT REGARDING THE AMERICAN NOCTURNE MURAL It is the intent of the City of Elgin to send the Mural to the Black Holocaust Museum in Milwaukee, Wisconsin. CITY OF Attest: City Clerk OUTSIDE EXHIBITION GROUP. INC As President of OEG and individually BYCC�C9'l�J David Powers As Vice President of DEG and individually By ilt Evans As Secretary of DEG and individually