HomeMy WebLinkAboutResolution No. 1995-53•
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RESOLUTION NO. 95 -53
A RESOLUTION OF TILE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; AUTHORIZING THE
MAYOR TO EXECUTE DOCUMENTS REQUIRED TO
PUBLISH AND DISTRIBUTE COPIES OF THE BOOK,
"THE HISTORY OF THE CITY OF CAPE CANAVERAL
AND THE THE CAPE CANAVERAL AREA "; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral has contracted with Ann Hatfield Thurm, the
City Historian, and
WHEREAS, the City desires to print, publish and distribute copies of the Book, The
History of the City of Cape Canaveral and the Cape Canaveral Area; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The City hereby enters into agreement with Ann Hatfield Thurm as
attached hereto as Exhibit "A ", and incorporated herein by reference.
SECTION 2. This Resolution shall be effective as of November 9, 1995.
AOO ,BY> the City Council of the City of Cape Canaveral, Florida, this 9th day
ember , 1995."°
Sadra=O: Sims "CITY. LI5RK
Appr
Kohn Bennett,
Motion:Randelssecond: Petsos
NAME FOR AGAINST
BERGER X
NICHOLAS X
PETSOS X
PORTER X
RANDELS X
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AGREEMENT
THIS AGREEMENT is entered into this 9th day of November, 1995, by and between
the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, hereinafter
"the City ", and ANN HATFIELD THURM, hereinafter "the Owner ", as follows:
WITNESSETH:
WHEREAS, the Owner is the sole and exclusive proprietor of all copyrights and other
proprietary rights and interests in that certain book entitled the History of the City of Cape
Canaveral and the Cape Canaveral Area (The "Book "); and
WHEREAS, the City desires to print, publish and distribute copies of the Book; and
WHEREAS, the Owner is willing to grant the City a license to print, publish and
distribute the Book upon the terms and conditions as hereafter set forth.
NOW, THEREFORE, the parties hereto agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated by reference.
2. The Owner hereby represents that she is the sole and exclusive proprietor of al
copyrights and other proprietary rights and interests in and to the Book entitled The History of
the City of Cape Canaveral and the Cape Canaveral Area, Second Edition, free and clear of all
claims and encumbrances, a copy of said Certificate of Registration is hereby attached as Exhibit
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3. The Owner hereby grants and conveys to the City the exclusive right to print, publish
and distribute copies of the Book at the City's sole expense. The parties agree that the City may
distribute the Book and price the Book as it deems advisable; provided, however, the City may
or may not reprint any portion of the Book under any other title or for any other purposes
without the written consent of the Owner.
4. The Owner reserves unto herself all copyrights in the Book; the exclusive right
to dramatize the Book and to license such use of such dramatic versions; the
exclusive right to make cartoon, literary, or other uses of the Book; or any and
other rights not herein specifically granted to the City.
5. As compensation hereunder, the City shall provide promptly to the Owner, without
charge, one hundred (100) copies of the Book which the Owner may distribute as she deems
advisable.
6. The City shall cause to be inserted on the title page or first page of each copy of the
Book published by it the following notice:
Copyright 1994
Ann Hatfield Thurm
All Rights Reserved
7. This Agreement shall remain in full force and effect for the full term of the copyright
• in and to the Book for any renewals or extensions thereof which may be now or hereafter owned
or controlled by the Owner.
8. The Owner hereby authorizes and empowers the City to enforce and protect all rights
in and to the Book and the copyright therein in the name of the Owner or otherwise in the sole
discretion to join the Owner and such other parties as it deems advisable as parties plaintiff or
defendant in suits or proceedings and to proceed with or dispose of any such claim or action as
the City may deem advisable at the sole cost and expense of the City.
9. This Agreement shall not be construed as creating, directly or indirectly, a partnership
or joint venture between the parties.
10. This Agreement shall be binding upon and enure to the benefit of the parties, the
respective successors and assigns and shall be construed in accordance with the laws of the State
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of Florida.
• IN WITNESS WHEREOF, the parties have set their hands and seals on the date first
above written.
L 'lot
Pe
a ,.
O. Sims,DtITt CLERK
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CITY OF CAPE CANAVERAL