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HomeMy WebLinkAboutContract 47131 FORTWORTH DEED OF GIFT Date October 9, 2015 Name of Donor Hiroko Tanaka Address 2-193 Fuiidana-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 warrant 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: "© 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. "°" .. ... 0 � 1 of 3 I` f, 1,}11 J f �` v 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. . ..._ 044-.- Tanaka, Donor Accepted by the City of Fort Worth Fernando Costa, Assistant City Manager Donor's Signature Donor's W+' ess Signature Date 2of3 /C;R 1 s z TX tJC3C1 CITY A EST: B n g ��t �. M yser .., Ci y Secretary APPROVED AS TO FORM AND LEGALITY: By: Jessica,§a svang Assistant Attorney 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 lave (Internal Revenue Service Code, Section 170 (b-'I). 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 F,.r , /Gif�TF 7 � P 3of3 r. � ATTACHMENT: SITE FRIENDSHIP PAINTINGS Hiroko Tanaka z I � r ; f i r !