ROTARY CLUB OF PLEASANTON (2) - Laserfiche WebLink

2 c. The Donor shall purchase and provide a plaque from an approved vendor. The City must review and approve the plaque's final wording. d. The Donor intends by this donation to relinquish all legal claim of right to the title, royalties, copyright, or trademark of the Artwork. e. The City will acknowledge receipt of the donated Artwork without valuation for tax purposes. The donor must find other means of establishing the value of the Artwork (Ord. 1676 § 1, 1996). 2. Removal or Relocation. The City retains the right to relocate or permanently remove the Artwork from public display for any reason, at the sole discretion of the City, including, but not limited to, hazards to public health, safety, or welfare; unsightly or deteriorated conditions of the Artwork; or the need to access, repair and maintain public facilities. The Artist waives all rights it may have under Civil Code section 987 (California Art Preservation Act). 3. Donor’s Option. The Donor shall have the option of reacquiring the title and possession of the Artwork upon permanent removal of the Artwork by the City as follows: a. Prior to the permanent removal of the Artwork, the City shall provide notice to the Donor, addressed and delivered in accordance with Section 6 of this Agreement. b. Should the Donor choose to exercise the option to reacquire the Artwork, the Donor shall remove the Artwork at the Donor’s own expense, within 60 days of notification from the City. Legal title to the Artwork shall be deemed conveyed to the Donor at the time of removal. c. Failure by the Donor to either respond to the City’s notification or to remove the Artwork within the specified 60-day period shall be deemed a waiver by the Donor of the Artist’s option to reacquire title and possession of the Artwork upon its permanent removal. The City may thereafter use the Artwork for any purpose, including, without limitation, dismantling, salvaging, or sale. 4. Installation of Artwork. The Donor shall be responsible for all labor and materials costs for transporting and installing the Artwork. a. The risk of loss and damage during delivery shall be borne solely by the Donor. 5. Maintenance of Artwork. Maintenance will be conducted only in the case of vandalism and will be funded through the City’s General Fund for Maintenance and Conservation. a. Donor may choose to provide funding or coordinate additional maintenance of the Artwork at their own expense, subject to prior written approval and scheduling coordination with the City. Any such maintenance must be conducted in a manner and by professionals approved by the City to ensure adherence to the City’s conservation Docusign Envelope ID: 609CE42A-4718-4AD4-89B0-568B5A173605Docusign Envelope ID: 0A052194-A42B-404C-A028-767B94D484BC