HomeMy Public PortalAbout2013-02-28 Art Donation Agreement StalactitesCITY OF MCCALL
ARTWORK DONATION AGREEMENT
THIS AGREEMENT is made and entered into this 28 day of February, 2013, by and
between the City of McCall (hereafter "McCall"), a municipal corporation of the State of Idaho,
and Zella Bardsley (, hereafter "Artist"), with respect to the donation of an artwork (hereafter
"Work");
WHEREAS, the Artist has created the Work and has full right, title and interest therein; and
WHEREAS, the Artist wishes to gift the Work to McCall; and
WHEREAS, McCall has approved acceptance of the Artist's gift of the Work pursuant to the
McCall Public Art Gift Acceptance Policy on January 10, 2013.
THEREFORE, the parties hereto agree as follows:
1. DESCRIPTION OF WORK: Artist describes the Work as follows:
a. Title: "Stalactites"
b. Medium: Steel and copper
c. Size: 48 in. by 48 in. by 10 in.
d. Year of Creation: 2003
2. DONATION: The Artist herby agrees to donate the Work to McCall. Title shall pass to
McCall at such time as this Agreement is signed by both parties.
3. RISK OF LOSS AND INSURANCE: The risk of loss or damage to the Work and the
provision of any insurance to cover such loss or damage shall be the responsibility of McCall
from the time of execution of this Agreement.
4. MAINTENANCE, RELOCATION AND REMOVAL:
a. The Artist shall provide McCall with written instructions for the appropriate
maintenance and preservation of the Work.
b. McCall may authorize the relocation or temporary removal of the Work without the
Artist's prior permission.
c. If McCall determines that the Work should be permanently removed or, through,
decay, vandalism or other forces, the Work has lost its integrity to the point where it
should be destroyed, McCall shall first make a good -faith effort to contact the Artist and
offer the Work to the Artist at the Artist's cost to collect and remove the Work.
d. This clause is intended to replace and substitute for the rights of the Artist under the
Visual Artists' Rights Act to the extent that any portion of this Agreement is in direct
Artwork Donation Agreement - Bardsley Page 1 of 3
2/28/2013
conflict with those rights. The parties acknowledge that this Agreement supersedes that
law to the extent that this Agreement is in direct conflict therewith.
5. COPYRIGHT AND REPRODUCTION:
a. The Artist retains all rights under the Copyright Act of 1976. 17 U.S.C. § 101 et seq.,
as the sole author of the Work for the duration of the copyright.
b. The Artist grants to McCall and its assigns an irrevocable license to make two-
dimensional reproductions of the Work for non-commercial purposes, including, but not
limited to, reproductions used in brochures, media publicity, and exhibition catalogues or
other similar publications.
c. The Artist grants to McCall an irrevocable license to publicly display the Work in any
manner consistent with the maintenance and preservation of the Work.
d. McCall is not responsible for any third party infringement of the Artist's copyright and
not responsible for protecting the intellectual property rights of the Artist.
7. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be
modified or amended in writing by the parties.
8. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this
Agreement, or to enforce forfeiture for default, or to collect damages for breach, the prevailing
party in such action shall be entitled to recover from the losing party reasonable attorney fees
together with costs authorized by law.
IN WITNESS WHEREOF, the Artist and McCall do execute this Donation Agreement
the day and year first above written.
ATTEST:
BessieJo a. er, Cit (Clerk
Artwork Donation Agreement - Bardsley
2/28/2013
CITY OF McCALL, IDAHO;
By: r:
Donald C. Bailey, Mayor
Artist:
By:
Page 2 of 3
STATE OF IDAHO )
ss:
County of Valley )
On this / day of, , 2013, before me, the undersigned Notary
Public, in and for said State, personally appeared DONALD C BAILEY and BESSIEJO
WAGNER, known to me to be the Mayor and City Clerk of the City of McCall, a municipal
corporation of the State of Idaho, who executed the within instrument, and acknowledged to me
that such city executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL) �•sla TI�,,,��••b
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STATE OF m!' )
ss:
County of )
Notary Public fib___
Commission Expires: Al
Residing at: McCall, Idaho
On this day of , 2013, before me, the undersigned Notary
Public, in and for said State, personally appeared ZELLA BARDSLEY, known to me to be
ARTIST, who executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Commission Expires:
Residing at: McCall, Idaho
Artwork Donation Agreement - Bardsley Page 3 of 3
2/28/2013
CITY OF MCCALL
ARTWORK DONATION AGREEMENT
THIS AGREEMENT is made and entered into this 28 day of February, 2013, by and
between the City of McCall (hereafter "McCall"), a municipal corporation of the State of Idaho,
and Zella Bardsley (, hereafter "Artist"), with respect to the donation of an artwork (hereafter
"Work");
WHEREAS, the Artist has created the Work and has full right, title and interest therein; and
WHEREAS, the Artist wishes to gift the Work to McCall; and
WHEREAS, McCall has approved acceptance of the Artist's gift of the Work pursuant to the
McCall Public Art Gift Acceptance Policy on January 10, 2013.
THEREFORE, the parties hereto agree as follows:
I. DESCRIPTION OF WORK: Artist describes the Work as follows:
a. Title: "Stalactites"
b. Medium: Steel and copper
c. Size: 48 in. by 48 in. by 10 in.
d. Year of Creation: 2003
2. DONATION: The Artist herhy agrees to donate the Work to McCall. Title shall pass to
McCall at such time as this Agreement is signed by both parties.
3. RISK OF LOSS AND INSURANCE: The risk of loss or damage to the Work and the
provision of any insurance to cover such loss or damage shall be the responsibility of McCall
from the time of execution of this Agreement.
4. MAINTENANCE, RELOCATION AND REMOVAL:
a. The Artist shall provide McCall with written instructions for the appropriate
maintenance and preservation of the Work.
b. McCall may authorize the relocation or temporary removal of the Work without the
Artist's prior permission.
c. If McCall determines that the Work should be permanently removed or, through,
decay, vandalism or other forces, the Work has lost its integrity to the point where it
should be destroyed, McCall shall first make a good -faith effort to contact the Artist and
offer the Work to the Artist at the Artist's cost to collect and remove the Work.
d. This clause is intended to replace and substitute for the rights of the Artist under the
Visual Artists' Rights Act to the extent that any portion of this Agreement is in direct
Artwork Donation Agreement - Bardsley Page 1 of 3
2/28/2013
conflict with those rights. The parties acknowledge that this Agreement supersedes that
law to the extent that this Agreement is in direct conflict therewith.
5. COPYRIGHT AND REPRODUCTION:
a. The Artist retains all rights under the Copyright Act of 1976. 17 U.S.C. § 101 et seq.,
as the sole author of the Work for the duration of the copyright.
b. The Artist grants to McCall and its assigns an irrevocable license to make two-
dimensional reproductions of the Work for non-commercial purposes, including, but not
limited to, reproductions used in brochures, media publicity, and exhibition catalogues or
other similar publications.
c. The Artist grants to McCall an irrevocable license to publicly display the Work in any
manner consistent with the maintenance and preservation of the Work.
d. McCall is not responsible for any third party infringement of the Artist's copyright and
not responsible for protecting the intellectual property rights of the Artist.
7. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be
modified or amended in writing by the parties.
8. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this
Agreement, or to enforce forfeiture for default, or to collect damages for breach, the prevailing
party in such action shall be entitled to recover from the losing party reasonable attorney fees
together with costs authorized by law.
IN WITNESS WHEREOF, the Artist and McCall do execute this Donation Agreement
the day and year fast above written.
Artwork Donation Agreement - Bardsley
2/28/2013
CITY OF McCATJ , IDAHO;
,
By:
Donald C. Bailey, Mayor
Artist:
By:
Page 2 of 3
STATE OF IDAHO )
. ss:
County of Valley )
On this . day of 2)-1e—"ej , 2013, before me, the undersigned Notary
Public, in and for said State, personally appeared DONALD C BAILEY and BESSIEJO
WAGNER, known to me to be the Mayor and City Clerk of the City of McCall, a municipal
corporation of the State of Idaho, who executed the within instrument, and acknowledged to me
that such city executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL) oosswilicts,
i. �, �000••., 4 \
1.coo4.e 4(
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9 CIQ�0 Q
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STATE OF IDAITO )
,�K : ss:
County of pt(. )
Notary Public for I .laho.)
Commission Expires: 0/3/4"1
Residing at: McCall, Idaho
On this `Q. day of , VA Y '(it--, , 2013, before me, the undersigned Notary
Public, in and for said State, personally appeared ZELLA BARDSLEY, known to me to be
ARTIST, who executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
tary Public
ission Expires:
Residing at:114°E—all, Idaho
Artwork Donation Agreement - Bardslcy Page 3 of 3
2/28/20I3