18-0928 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