HomeMy WebLinkAboutContract 47131 (2)4
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FORT WORTH
DEED OF GIFT
CMf K'GRETARIf
COVBRACT NOD
Date October 9, 2015
Name of Donor Hiroko Tanaka
Address 2-193 Fui idana-cho,
Nishi-ku, Yokohama. Japan 2200053
Phone/Fax 045-242-5191
Description of Donation Girl Scout Nichibei Yuko-no Kizuna
(The Friendship Bond of US -Japan
Girl. Scouts)
Two mixed media paintings: 64" x 52"
each
Appraised Value $24,000.00 U.S. total
a. I, the undersigned Donor, hereby donate, convey, transfer and assign to the City of
Fort Worth, for the benefit of the City of Fort Worth, all rights, title and interest that I
possess in the property described above (the "Artwork"), except for any rights of
copyright, without condition or restriction. I agree and understand that transfer of
ownership of the Artwork will occur on the date upon which the Artwork is received
in Yokohama, Japan by the City's shipper for transit to the City of Fort Worth.
b. I warrant and represent that the Artwork is my sole property, that I have legal
authority to transfer ownership by this Deed of Gift, and that I control all of the
copyright interest in the Artwork. I warrant and represent that no customs laws, tax
laws, laws of inheritance, or other laws or regulations applicable to the Artwork, its
export or import, have been broken. I wan'ant and represent that there are no claims,
judgments, liens or other encumbrances of any kind whatsoever against the Artwork,
any portion of the Artwork, or title to it. It is my purpose and intention to vest any
and all the incidents of absolute ownership of the Artwork, except for any rights of
copyright, in the City of Fort Worth from the date of this Deed of Gift forward.
c. By execution of this Agreement, I grant to the City of Fort Worth a perpetual,
irrevocable license to graphically depict or display reproductions of the Artwork for
any non-commercial purpose whatsoever. For purposes of this limitation, any graphic
depiction of the Artwork intended to promote or benefit City, its public services or its
public purposes, regardless of whether or not a fee is charged to the public, or
whether revenue is otherwise received by City, shall be deemed a non-commercial
purpose. I understand that all reproductions by the City shall contain a credit to me
and a copyright notice substantially in the following form: "O 2014, Hiroko Tanaka."
I understand that the City is not responsible for any third -party infringement of my
copyright and not responsible for protecting my intellectual property rights.,
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OFFICIAL KECORD
CITY SECRETARY
FT. WOKS 4S, TX
d. I grant the City the right to determine when and if repairs and restorations to the
Artwork will be made. I understand that the City will, to the extent practicable, notify
me to approve all major repairs and restorations. I understand that all repairs and
restorations shall be made in accordance with recognized conservation standards (in
accordance with the American Institute of Conservation (AIC) Code of Ethics and
Guidelines for Practice) and/or construction standards, including, but not limited to,
any standards set forth by City. Should emergency repairs become necessary to
prevent the loss of or further damage to the Artwork or to prevent risks to the public, I
understand that such repairs shall be undertaken or arranged by City without advance
notice, and such repairs shall not be deemed to constitute artistic alteration.
e. I agree and understand that nothing in this Deed shall affect or limit City's absolute,
unrestricted rights incidental to City's full ownership of the Artwork to remove,
move, maintain, transport, sell or transfer, in whole or in part, the Artwork when City
deems it necessary within its discretion, in order to otherwise exercise City's powers
and responsibility in regard to public works and improvements, in furtherance of
City's operations or for any other reason. Prior to the City selling or transferring the
Artwork to another owner, the City will first offer the Artwork back to me or my
heirs. If I or my heirs do not respond to the offer within fifteen (15) days, I
understand the City shall be entitled to sell or transfer the Artwork to another owner.
I understand that I or my heirs will be responsible for all costs associated with
shipping and storing the Artwork if it is transferred back to me or my heirs under this
provision.
f. This Agreement may be executed in several counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same
instrument. A signature received via facsimile or electronically via email shall be as
legally binding for all purposes as an original signature.
I WILL DEFEND, INDEMNIFY, AND HOLD THE CITY OF FORT WORTH
HARMLESS FROM CLAIMS OR ALLEGATIONS ARISING FROM OR
RELATING TO CONDUCT THAT WOULD BE A BREACH OF THE
WARRANTIES OR REPRESENTATIONS HEREIN.
Hiroko Tanaka, Donor
,,a, L\
Donor's Signature
Accepted by the City of Fort Worth
Fernando Costa, Assistant City Manager
„ye /0,9./c
Donor's Wess Signature Date
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OFFICIAL RECORD
:ITY SeCRtTARY
FT. WORTH, TX
CITY ATlEST:
By:/L
M Kfayser
Ci y Secretary
By:
Jessica Sa svang
Assistant Attorney
APPROVED AS TO FORM AND LEGALITY:
\ver P Ater\rvi)
CONTRACT AUTHORIZATION:
M&C: C-27475
Date Approved: 9/29/15
The City of Fort Worth gratefully acknowledges receipt of this gift.
Gifts to the City of Fort Worth are deductible from taxable income in accordance with the provisions of
Federal income tax law (Internal Revenue Service 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 Donor.
FORT WORTH PUBLIC ART
1'
3 of 3
OFFICIAL toRD,
rrrY SECRETARY
IC. WOpruTX
ATTACHMENT: SITE
FRIENDSHIP PAINTINGS
Hiroko Tanaka