HomeMy WebLinkAboutItalo Scanga Foundation; 2009-03-27;Agreement for the Waiver of Proprietary Rights for Artwork Placed upon
City Property and Acceptance of Donations of Artwork
The provisions of this agreement shall apply to modify Artist's rights of attribution
and integrity as set out in the Visual Artists Rights Act, 17 U.S.C §§106A and
113(d) ("VARA"), the California Art Preservation Act, Cal. Civil Code §§ 987 and
989 ("CAPA"), and any rights arising under United States federal or state law or
under the laws of another country that convey rights of the same nature as those
conveyed under VARA and CAPA, as against the City of Carlsbad, CA, its
elected officials, employees and its agents (collectively "City").
Donations of artwork ("Donation") offered to the City of Carlsbad are accepted with
the understanding that the Donations are unrestricted and offered without limiting
conditions. Donations that are accepted become the property of the City and will be
retained so long as the Donation continues to be relevant and useful to the purposes
of the City, and the Donation can be properly stored, preserved and used. City has
the absolute right to remove, relocate, transport, store, repair, conserve, or
deaccession any Donated work of art that is offered and accepted through the
donation process.
Deaccessioning of the Donation of artwork received through the donation process
may be considered at any time in the interest of the City's purposes and activities. In
such event, the City will consider, but is not obligated, to offer the Donation of
artwork back to the donor. The City may also consider, but is not obligated, to place
the Donated artwork (through gift, exchanges or sale) in another municipality or tax-
exempt public institution wherein the Donated artwork may serve the purposes for
which it was received initially by the City.
The Italo Scanga Foundation donates the following two works of art by Italo
Scanga to the City of Carlsbad, without restrictions, for inclusion in its Public Art
Collection:
Sculpture 1: Tree for Elijah
The piece is a flat, silhouetted, stylized tree composed of steel grid /mesh
approximately ten feet tall. The front and back of the green painted grid sheets
are welded to a perimeter framing, which resembles oversized bicycle chaining.
The tree is mounted and welded to a steel cylinder and round sheet metal base.
The blue sheet metal bird cutout is welded to the top of the tree.
Sculpture 2: Unfitted
The piece consists of a steel pole erected vertically and connected to a steel
beam cantilevered horizontally. Welded to the top of the steel beam are five
objects (a weather vane, a duck head, an eagle, a Pegasus, and a horse).
Attached below the beam are a globe, a ratchet handle, a weight, and an
unidentified handle. At the top of the pole, a steel shelf is welded with a spinning
machine on top of it and a wrench attached to it. A steel chain hangs from the
beam and connects to the pole near the shelf. The entire sculpture is painted in
1
blue gloss paint with green brush strokes on top.
Upon acceptance and approval of the Donation, ownership will transfer to the
City of Carlsbad. The Italo Scanga Foundation will be held harmless in case of
any accidents involving these artworks. Installation (which is currently proposed
for the front lawn at the City of Carlsbad's Cultural Arts Office 2955 Elmwood,
Carlsbad, CA 92008) and maintenance of the artworks will also be the
responsibility of the City of Carlsbad.
Artist's or Heir's Address for Notice(s):
Italo Scanga Foundation
C/o Joseph Scanga
4034 26th Street,
San Francisco, CA 94131
(Remainder of Page Intentionally Left Blank)
Artist/Heir bears the sole responsibility for providing the City with any changes to
the Artist's/Heir's Address for Notice. Notice of changes must be mailed to:
Cultural Arts Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008
The individual(s) executing this Agreement on behalf of the Italo Scanga
Foundation represent and warrant that he/she/they have read this Agreement
and have the legal power, right and actual authority to sign and bind the Italo
Scanga Foundation to the terms and conditions of this Agreement.
Italo Scanga Foundation
Title
Approved as to Form:
RONALD R. BALL, City Attorney
As^stariFCIfy Attorney
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On before me, MIE-I MA£iE:PUBLIC
(Here insert name and title of the officer)
personally appeared 3C&EPN SCAM Or A
who proved to me on the basis of satisfactory evidence to be the person^) whose name(rf) is/prc subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(jeS), and that by his/her/their signature^) on the instrument the person($, or the entity upon behalf of
which the person(g) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
(Notary Seal)
ComnMNton •NokwyrubNc-CoMomta •
MONW0O Courtly *
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
AC-iEEaMeUTFOR T1-JE WAIVER OP
(Title or description of attached document)
PeoPRieTAgN EJC-il-nS FO£ AgTwDEE-
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Number of Pages Q Document Date 31 (1 \ O°l
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
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(Title)
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Attorney-in-Fact
Trustee(s)
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