SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Civil Division

THE TRUSTEES OF THE CORCORAN
GALLERY OF ART,
Case No. 2014 CA 003745 B
Judge Robert Okun
Calendar 10

Petitioner,

v.

DISTRICT OF COLUMBIA,

Respondent.
SEBASTIEN ARBONA, et al.,
Case No. 2014 CA 003745 B
Judge Robert Okun
Calendar 10

Intervenors/Plaintiffs,

v.

THE TRUSTEES OF THE CORCORAN
GALLERY OF ART,

Defendant.

ORDER

Upon consideration of the The Trustees of the Corcoran Gallery of Arts Petition for Cy
Pres Determination, their Motion for Entry of Proposed Order, and the entire record of this case,
and for the reasons set forth in this Courts Memorandum Opinion, it is hereby ORDERED that:
A. The entry of the Trustees of the Corcoran Gallery of Art (the Trustees) into the
following Agreements (the Agreements) is approved, and the Corcoran Deed of Trust
and any other applicable instrument is deemed to be revised to the extent necessary to
permit the Trustees to enter into the following Agreements:
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1. The Art Accession and Custodial Transfer Agreement between the Trustees and
the National Gallery of Art, dated as of May 15, 2014;
2. A License Agreement between the Trustees and the National Gallery of Art, in a
form similar to that attached to the Art Accession and Custodial Transfer
Agreement as Exhibit B;
3. The Asset Contribution Agreement between the Trustees and The George
Washington University, dated as of May 15, 2014;
4. A License Agreement between the Trustees and The George Washington
University, in a form substantially similar to that attached to the Asset
Contribution Agreement as Exhibit D;
5. The side letter agreement dated as of June 19, 2014, between the Trustees and the
George Washington University, relating to the continued use of space in the
Corcoran Building as exhibition and gallery space; and
6. The side letter agreement, dated as of June 19, 2014, between the Trustees and the
National Gallery of Art, relating to the policy for the distribution of Custodial Art
that is not accessioned by the National Gallery of Art.
B. The actions necessary by the Trustees of the Corcoran Gallery of Art to perform and
implement the Agreements listed in Paragraph A above, according to their terms, are
hereby approved and the Corcoran Deed of Trust and any other applicable instrument is
deemed to be revised to the extent necessary to permit the Trustees to perform and
implement the Agreements according to their terms.
C. Pending the closing of the Agreements, the Trustees shall continue to operate the
Corcoran Gallery of Art and the Corcoran College of Art + Design in a manner consistent
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with the restrictions applicable to the relevant assets, as they have been understood and
implemented previously by the Trustees.
D. The National Gallery of Art shall take and hold the Corcorans collection of art, in the
manner and for the purposes described in the Art Accession and Custodial Transfer
Agreement, and shall adhere to the restrictions as otherwise applicable to the collection,
as those restrictions have been understood and implemented previously by the Trustees.
E. The George Washington University shall take and hold the assets as described in the
Asset Contribution Agreement, in the manner and for the purposes described therein and
in the letter of June 19, 2014, described in subparagraph A.5 above, and shall adhere to
the restrictions applicable to such assets as those restrictions have been understood and
implemented by the Trustees previously.
F. To the extent that elements of the Corcorans collection of art are not accessioned by the
National Gallery of Art into its collection, in the manner and for the purposes set forth in
the Art Accession and Custodial Transfer Agreement, the Trustees shall, in conjunction
with the National Gallery of Art, implement the policy and plan for the distribution of the
remaining collection, as described in the letter of June 19, 2014, identified in
subparagraph A.6 above, in accordance with its terms and subject to its provisions.
G. The Trustees, following the closing of the Agreements, shall hold and retain the existing
federal charter, and shall continue to operate as a non-profit entity, dedicated to
encouraging American genius, as set forth in the Corcoran Deed of Trust.
H. The implementation of these Agreements shall be subject to the law of the District of
Columbia.

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It is SO ORDERED, this 18
th
day of August, 2014.

Robert Okun
Associate Judge
(Signed in Chambers)

Copies to:


Charles Patrizia
Counsel for Petitioner/Defendant

Catherine Jackson
Counsel for Respondent

Andrew Tulumello
Counsel for the Intervenors/Plaintiffs