HomeMy WebLinkAboutcls_basha_ad_2018 CITY OF CAPE CANAVERAL ART DONATION AGREEMENT
THIS AGREEMENT is made this 6th day of November, 2018, by and between Marie Basha, (the
"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 THEREFORE, the parties agree as follows:
1. Donor does hereby irrevocably and perpetually donate, transfer and convey to the City
the work of art or cultural or historical artifact described or depicted on Exhibit A hereto
attached (hereinafter "Artwork") and legal title thereto. The donation shall be effective as
of the 6th day of November, 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, under 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 permanently 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 determination 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.
DONOR: CITY OF CAPE CANAVERAL
Print: Marie Basha David L. Greene—City Manager
Date: November 6, 2018 Date:
Donor Contact Information:
8720 Croton Court
Cape Canaveral, FL 32920
321-613-5855
EXHIBIT A
Title of Object: B.C.E. Manatee
Donor: Marie Basha
Artist: Kim Bunch
Medium: Acrylic on canvas
Dimensions: 18 x 24
Photo: