HomeMy WebLinkAboutMyers, Robert; 2009-05-12;Agreement for Acceptance of Donations of Artwork and the Waiver of
Proprietary Rights for Artwork Placed upon City Property
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 Family of Mary and John Casler, represented by their son, Robert Myers, donates the
following work of art by Patrick J. McGowan to the City of Carlsbad, without restrictions, for
inclusion in its Public Art Collection:
Sculpture: "Father and Child"
Artist: Patrick J. McGowan
Date: 2004
Medium: Bronze
#5 of an edition of 200
Size:20"hxl6"wxl6"d
Upon acceptance and approval of the Donation, ownership will transfer to the City of Carlsbad.
The family of Mary and John Casler will be held harmless in case of any accidents involving this
artwork. Installation (which is currently proposed for the front entry lobby of the Carlsbad
Learning Center at 3368 Eureka Place, Carlsbad) and maintenance of the artwork will also be the
responsibility of the City of Carlsbad.
Donor's Address for Notice(s):
Robert R. Myers, Ph.D.
3813 Skyline Road
Carlsbad, CA 92008
(760) 710-1543
Donor bears the sole responsibility for providing the City with any changes to the Donor'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 Family of Mary and John Casler
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 Family of Mary and John Casler to the terms and
conditions of this Agreement.
Family of Mary and John Casler
Robert R. Myers
Title
City of Ca
Date
Approved as to Form:
RONALD R. BALL, City Attorney
sistant City Attorney
State of California, County of San Diego
Subscribed and sworn to (or affirmed)
before me on this /? ^ daday of
20ft1? by RQ&gX.r" A, MVE&S .
proved to me on the basis of satisfactory evidence
to be the person^-who appeared before me.
Notary Publi
OFFICIAL SEAL •
. KAREN ROCHAMBEAUJ
NOTARY PUBLIC-CALIFORNIA^
' COMM. NO. 1688397 ™
SAN DIEGO COUNTY
MY COMM. EXP. AUG. 18, 2010