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HomeMy WebLinkAboutContract 55736Date Name of Donor Address Contact Information Description of Donation Appraised Value FORT WORTH DEED OF GIFT April 19 , 2021 CITY SECRETARY CONTRACT NO.----........ ~-- Gregory L. Brown, on behalf of the friends of Red Steagall 1413 Pearson Ranch Road Weatherford, TX (Parker County) 76087 H.B . (Hub) Baker 817-625-1025 . hub@ cowtowncoliseum .com A near life-size bronze sculpture by Artist Bmce Greene, commissi 1 ned "Red Steagall, Always Ridin ' for the Brand in Fo rt Worth , Te 4as " depicting Red Steagall on Horseback ("Artwork') to commemopte Steagall 's contributions to Westem Culture and the Historic Stockyards along with site improvements, consisting of a concrete and metal cdrral enclosure , brick plaza, and donor plaque ("Site Improvements ")sitetl at the CO\:vtown Colisewn located at 121 East Exchange Avenue , 76164 (Council District 2) $180,000.00 (Artwork) $40,000 .00 (installation , site work, and plaque collective ly "Site Improvements") Total $220,000.00 l, the unders igned Donor, hereby donate, convey , tran sfer and assign to the City of Fort WorU1 , for the benefit of th e City o Fort WorH1 Public Art Communi ty Legacy Collection, all rights, title and interest Uiat l po ssess in U1e Artwork described abov and the Site Improve ments, hereafter defin ed , wiU1out condition or restriction except as may be provided herein. I warrant and represen t Uiat the Artwork is my sole property and U1 at I have legal authority to transfer o wnership by Ulis Deli of Gift. I wammt and represent U1at no customs Jaws , tax laws , laws of inh eritance, or other la ws or regulations applicable t6 U1e Artwork, its ex-port or import, have been broken. I warrant and represent Uiat there are no claims, judgments, li e ns or 6U1er e ncumbrances o f any kind whatsoever against U1 e Artwork, any portion oftl1e Artwork or title to it. It is my purpose and inte?tion to vest any an d all the incidents of abso lute ownership of tl1 e Artwork from Ul e date of this Deed of Gift forward , prov ided, h owever, Umt U1e Artist, Bruce Greene , slial l retain the necessary copyrights as pertaining to any Urree-di.mens ional reproduetion o f U1 e Artwork regardless of scale . The City of Fort WorU1 shall have th e sole di scretio n a5 to U1 e use and retention 0~1e Artwork and may use it or reproduce images for exhibition, e ducation or promotion of tl1e Fort Wortll P ubli c Art Comm ·ty Legacy Collection, subject only to U1e following provisions: (i) if the C ity of Fort WorU1 e le cts to move th e lo cation o U1e Artwork from tl1e Fort WorU1 Stockyards to anot11er lo ca tion in 111e City of fort WorU1, Mr. Russ e ll "Red " Steagall or his 1eirs sha ll be con~ulted in selecting U1e n ew location; and (ii) if U1c City of Fort WorU1 detennines the Artwork shoul be deaccessioned from U1e City of Fort WorU1 's Public Art Conununity Legacy Collection, U1e Artwork will automatically rev cirt to Donor and be relocated to U1e National Ranching Heritage Center on the campus of Texas Tech University in L ubbo ck, T Jxas, wiU1 U1 e co st of s uch move to Lubbock, Texas and all site remediation on the Cowtown Coliseum property to be paid by my self or other benefactors as l m ay obtain . OFFICIAL R CORO CITY SECR,TARY Ft WORT, TX I, THE UNDERSIGNED DONOR, WILL DEFEND, INDEMNIFY, AND HOLD THE CITY OF FORT WO TH HARMLESS FROM CLAIMS OR ALLEGATIONS ARISING FROM OR RELATING TO CONDUCT THAT WOULD BE A BREACH OF THE WARRANTlES OR REPRESENTATIONS HEREIN IF ESTABLISHED. The City of Fort Worth gratefully acknowledges receipt of this gift G Yl.':\ovj L. "Yornwn _ on \•.H~!'l,.::,.ff of the -fh e,nd<c.<>.f'{ac{S-ttei~/1 '5--~ Q Accepted by the City of Fort Worth Fernando Costa , Assistant Ci ty Manager !3-,5,-2 / Date I CONTRACT COMPLIANCE MANAGER: By signing, I acknowled at I am the person responsible for the monitoring ministration of this contract, including en · all performance and reporting requirements . Jennife Public n and Special Projects Manager Arts C Worth APPROVED AS TO FORM AND LEGALJTY: ~ Assistant City Attorney Fom1 1295 : NIA ATTEST: M&C : G-19574 Date : June 25 , 2019 OFFICIA L RE ORD CITY SECR #\RY FT. WORT , TX STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENTS § § § This instrument was acknowledged before me on the ~ day of M CA-Lj by Gv-(.~\bYt:>VJl) the Don O v , on behalf of said entity. My Commission Expires : () 1-2 g--2 0 2J..j (SE AL) ST ATE OF TEXAS COUNTY OF TARRANT N~~#ok o----- Printed Name : A::hjSS°' !duv h~s ., •,, ALYSSA HUGHES f ~• •,, Nou ry ID #13245 ◄306 ~~~ My Commlssion Expires ~ April 28 . 2024 § § § , 2 21 , ~ I This instrument was acknowledged before me on the K day of ~ , 2 ©21 , by Fernando Costa, the Assistant City Manager of the City of F ort Worth , -Oll ~lf of I aid P.ntiru ,,,1111,1, SE L ENA ALA ,, ~v Pu ,, T l o'':*·····•:9<;~ Notary Public . St ate of exas -c!• •("I ... :~: :~: Co mm Expires 03•31-2024 -:. :,.4•. ..-~:: . .-,,;/t'of"<.'{._$' Notary ID 132422528 ,,,,.,,,, My Commission Expires : (SE AL) Notary Public , State of~-1.__i...~l!E::::::::::_~- Pri nted Name: __ ___::~=~~1...-_J....J....J~~ Gifts to the City of Fort Worth are deductible from taxab le income in accordance with the provisions of Federal income tax law (I nternal Revenue Serv ice Code, Section 170 (b-1 }. City of Fort Worth employees are restricted from assessing value or appraising artwork for the purpose of establishing tax deductible value . Evaluation of value is the sole responsibility of the Do nor. · I OFFICIAL RECPRD CITY SECRETARY FT. WORTH, TX 10/3 1/201 9 M&C Review Official site of the Ci of Fort Worth, Texas CITY COUNCIL AGENDA DATE: CODE: SUBJECT: COUNCIL ACTION: Approved on 6/25/2019 6/25/2019 REFERENCE G-1957 4 NO.: LOG NAME: 06ARTWORK DONATION RED STEAGALL SCULPTURE NON-PUBLIC CONSENT HEARING: G TYPE: NO Authorize Acceptance of an Artwork Donation from Gregory L. Brown , Representing the Friends of Red Steagall, of a Bronze Sculpture titled "Red Steagall, Always Ridin ' for the Brand in Fort Worth , Texas " by Artist Bruce R. Greene, and Site Enhancements , Collectively Valued at $140 ,000 .00 , through a Deed of Gift , for Accession into the Fort Worth Public Art Community Legacy Collection and for Placement at the Historic Cowtown Coliseum Located at 121 East Exchange Avenue, 76164 , Contingent upon Receiving Approval from the Texas Historical Commission and the City's Historic and Cultural Landmarks Commission (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize acceptance of an artwork donation from Gregory L. Brown, representing the Friends of Red Steagall of a bronze sculpture titled "Red Steagall, Always Ridin' for the Brand in Fort Worth , Texas " by artist Bruce R. Greene, and site enhancements , collectively valued at $140 ,000.00 , through a Deed of Gift , for accession into the Fort Worth Public Art Community Legacy Collection and for placement at the historic Cowtown Coliseum located at 121 East Exchange Avenue , 76164, Contingent upon Receiving Approval from the Texas Historical Commission and the City's Historic and Cultural Landmarks Commission . DISCUSSION: Approval of this Mayor and Council Communication will accept the donation of an artwork and site enhancements and accession the near life-size , bronze sculpture depicting local cowboy celebrity Red Steagall on horseback into the Fort Worth Public Art Community Legacy Collection , which will enable the City to provide for its ongoing maintenance through annual budget appropriations to the Fort Worth Public Art program for that purpose . The Friends of Red Steagall , including H.B . (Hub) Baker, Johnny Trotter, Gary Kinslow, Greg Brown , Mike Ingram , and artist Bruce Greene , commissioned the sculpture to commemorate Steagall 's contributions to Western culture and ongoing support of the Stockyards National Historic District. It will be installed on the Historic Cowtown Coliseum property located at 121 East Exchange Avenue , 76164 . A well-known actor, poet , and musician , Red Steagall 's contributions have highlighted the Western folklore tradition for nearly half-a-century. He was inducted into the Texas Trail of Fame in 1999 , the Texas Rodeo Cowboy Hall of Fame in 2005 , and the Hall of Great Westerners at the National Cowboy and Western Heritage Museum in 2003 , joining other notable honorees including Will Rogers , Theodore Roosevelt , Charles Goodnight, and Charles Russell , and was honored as the inaugural Poet Laureate of the State of Texas in 2006 . The sculptu re is an appropriate addition to the Historic Cowtown Coliseum property because it embodies the historic themes of the district featured in the surrounding architecture and complements existing public artworks , including The First Bulldogger: Bill Pickett by Lisa Powers and Quanah Parker, by Jack Bryant. Mr. Greene 's work is not represented in the Fort Worth Public Art Collection . A Deed of Gift transferring ownership to the City will include language that allows Mr. Russell "Red " Steagall , or his heirs , the opportunity to be consulted on futures sites for the sculpture should the City elect to move the sculpture from the property at 121 East Exchange Avenue and allows Mr. Russell "Red " Steagall , or his heirs , to automatically acquire the sculpture and move it , at his/their own expense , if, for whatever reason , it is deaccessioned from the Fort Worth Public Art Community Legacy Collection. The installation of the sculpture must receive approval from the Texas Historical Commission and the City's Historic and Cultural Landmarks Commission . It is antic ipated that approval will occur in July 2019 , and the Deed of Gift will not be executed until all proper approvals have been received. apps . fortworthtexas .gov/counci l_pa cket/m c _review . as p?I D=27078&co uncild ate=6 /2 5/2 019 FORTWORTH ~ 1/2 10/3 1/2019 M&C Review ART COMMISSION ACTION: On May 13 , 2019 , the Art Commission approved a recommendation of the Fort Worth Public Art Ad Hoc Gifts and Loans Review Panel to accept the sculpture for the Fort Worth Public Art Community Legacy Collection , cont i ngent upon the City 's Historic and Cultural Landmarks Commission approval of siting it at the Cowtown Coliseum . DONATED ITEMS Sculpture Design and Fabrication $ 120 ,000 .00 Engineering, Site Work , Installation _$____2.Q, 000. 00 Estimated associated costs Including engineering , installation , and site work TOTAL VALUE $ 140 ,000 .00 The bronze sculpture will be maintained according to the Fort Worth Public Art Collection Management Plan , including regular cleaning which could cost up to $1,000 .00 annually and repatination every 7 to 10 years which could cost up to $7 ,000.00. This is a citywide donation located in COUNCIL DISTRICT 2. A Form 1295 is not required for this contract because : This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of the above recommendation will result in no material impact of City resources . TO Fund Department Account Project ID ID FROM Fund Department Account Project ID ID Submitted for City Manager's Office by_;_ Originating Degartment Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Year Program Activity Budget Year Jay Chapa (6122) Randle Harwood (6101) apps. fortworthtexas .g ov/co un ci l_pa cket/mc_review.asp ?J D=27078&councildate=6/25/2019 Reference# Amount Chartfield 2 Reference# Amount Chartfield 2 2/2