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HomeMy WebLinkAboutHoog AD 2018 - Metal & Painting CITY OF CAPE CANAVERAL ART DONATION AGREEMENT THIS AGREEMENT is made this I st day of July, 2018, by and between Robert E. Hoog, (tile "Donor"), and CITY OF CAPE CANAVERAL (the "City"). WITNESSETH; WHEREAS, both the Donor and the City believe public art and display of cultural or historical artifacts is a tremendous asset to the community; and WHEREAS, Donor owns a work of art or cultural or historical artifact which he or she wishes to donate to the City, the work of art or artifact which is more specifically described or depicted on Exhibit A hereto attached; and WHEREAS, the City is willing to accept the donation under the terms and conditions herein set forth: NOW 'I"HEREFORE, the parties agree as follows: 1. Donor does hereby irrevocably and perpetually donate, transfer and convey to the City the work or works of art or cultural or historical artifacts described or depicted on Exhibits A and B hereto attached (hereinafter"Artwork") and legal title thereto, The donation shall be effective as of the I st day of August, 2018. 2. The City agrees and does hereby accept the foregoing donation, which shall be entered into the property record and inventory of the City, tinder the terms, qualifications and conditions as set forth in this Agreement. 3. The City retains the exclusive and sole right to locate the work in any place it deems is appropriate for display to the public and/or city employees, The City further retains the right to relocate or perinariently or temporarily remove the Artwork from public display for any reason, in the sole discretion of the City, including, but not limited to: hazards to public health, safety or welfare; or unsightly or deteriorated conditions of the Artwork. 4. The Donor acknowledges and agrees that the City may sell, donate, or otherwise dispose of the Artwork at the City's sole discretion. S. The Donor certifies that he or she is the sole owner of the Artwork and that it is unencumbered at the time of this donation. 6. The City shall have the right to photograph or reproduce depictions of the Artwork at the sole and complete discretion of the City while making every effort to give credit to the Donor and/or Artist in any news media publications/events where appropriate. 7. The City, in accepting the donated Artwork, has made no deten-nination of the value of the donated art, or artifact, and makes no representations or assurances as to the value of the donated art work or artifact, for tax purposes or otherwise. 8. This Agreement contains the entire understanding among the parties. All prior negotiations have been merged into this Agreement and there are no understandings, representations,or agreements,oral or written,express or implied,other than those set forth herein, This Agreement shall not be modified or amended except by an agreement in writing signed by the parties. DON CITY OF CAPE CANAVERAL Robert E. Hoog Sr. David L. Greene City Manager le- Date: ;7-,< Date Donor Contact Information: Robert E. Hoog, Sr. 210 Jefferson Avenue Cape Canaveral, FL 32920 (321) 783-8269 EXHIBIT A "I"itle of Object: City Seal Medallion w/ engraving on reverse Donor: Robert E. Hoog, Sr. Medium: Gold medallion with (plated gold) nickel chain. Dimensions: 1.5" diameter, 2 part chain 12" each side. Photos: ,,, ////i/ /%`/,//� /////f, /,,i/lam/�, / //�%/ /cif Vii/ ��� � //� ���� �� ,,, �/��j/ r� � /i���� ul iu ii I' M"T j IAO� j E,X IBI T "lith of Object: Sea Sara; Donor: Robert E. 1-Iaag, Sr, Artist: Ruth Bornstein Year: 1984 Medium: Acrylic an canvas board Dimensions: 24" x 18" Photo: