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Docusign Envelope ID:0ECB4263-9856-4AB1-8CFC-421B4B58AEB4 <br /> b. The Donor has provided documentation establishing themselves as the clear and <br /> unencumbered title holder of the artwork as required by the Pleasanton Municipal Code <br /> (§ 13.16.070. Gifts and loans of public art.) <br /> c. The Donor shall purchase and provide a plaque from an approved vendor. The City must <br /> review and approve the plaque's final wording. <br /> d. The Donor intends by this donation to relinquish all legal claim of right to the title, <br /> royalties, copyright, or trademark of the Artwork. <br /> e. The City will acknowledge receipt of the donated Artwork without valuation for tax <br /> purposes. The donor must find other means of establishing the value of the Artwork(Ord. <br /> 1676 § 1, 1996). <br /> 2. Removal or Relocation. The City retains the right to relocate or permanently remove the <br /> Artwork from public display for any reason, at the sole discretion of the City, including, but not <br /> limited to, hazards to public health, safety, or welfare; unsightly or deteriorated conditions of the <br /> Artwork; or the need to access, repair and maintain public facilities. The Artist waives all rights <br /> it may have under Civil Code section 987 (California Art Preservation Act). <br /> 3. Donor's Option. The Donor shall have the option of reacquiring the title and possession of the Artwork <br /> upon permanent removal of the Artwork by the City as follows: <br /> a. Prior to the permanent removal of the Artwork,the City shall provide notice to the Donor addressed <br /> and delivered in accordance with Section 6 of this Agreement. <br /> b. Should the Donor choose to exercise the option to reacquire the Artwork, the Donor shall remove <br /> the Artwork at the Donor's own expense, within 60 days of notification from the City. Legal title <br /> to the Artwork shall be deemed conveyed to the Donor at the time of removal. <br /> c. Failure by the Donor to either respond to the City's notification or to remove the Artwork within <br /> the specified 60-day period shall be deemed a waiver by the Donor of the Artist's option to reacquire <br /> title and possession of the Artwork upon its permanent removal. The City may thereafter use the <br /> Artwork for any purpose, including, without limitation, dismantling, salvaging, or sale. <br /> 4. Installation of Artwork. The City shall be responsible for all labor and materials costs for transporting <br /> and installing the Artwork. <br /> a. The risk of loss and damage during delivery shall be borne solely by the Donor. <br /> 2 <br />