HomeMy WebLinkAboutUnconditional Donation Contract2
CALIFORNIA
NATIONAL 3iy
iNCORPORATEP
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UNCONDITIONAL DONATION OF PERSONAL PROPERTY
TO THE CITY OF NATIONAL CITY
The Friends of the National City Public Library (hereinafter referred to as "the Donor") hereby makes an
unconditional donation, in perpetuity, of a 19" x 31" stained-glass panel designed by artist James Hubbell inspired
by the eternal quest for the grail to be affixed to the inner side of a window in the library's Reference/Young Adult
area (hereinafter referred to as "the Donation") to the City of National City (the "City"). The Donor understands
and acknowledges that, pursuant to Sections 37354 and 37355 of the California Government Code, the City is
authorized to accept said Donation for any public purpose that the City desires.
Due to the nature of the donation, namely, a work of art, and the site on which it is installed, the Donor and
his/her/its agents, heirs, successors and assigns hereby waive any and all rights they may have under the California
Art Preservation Act, as set forth in Civil Code Section 987. The Donor agrees that upon completion, the physical
work of art which is created or installed pursuant to this Agreement shall be transferred to and shall vest in the City
of National City, and the Donor hereby expressly waives and releases all rights of ownership to the work of art,
including those under Civil Code Section 988. The Donor, his/her agents, heirs, successors and assigns also agree
not to attempt to defeat this waiver by cooperating with any organization which seeks to bring an action under Civil
Code Section 989.
Notwithstanding the foregoing, the parties acknowledge that it is the Donor's intent that the work of art being
donated herewith be displayed for an indefinite period of time in the National City Public Library. Accordingly, in
accepting the donation, the City agrees that in the event its City Council should determine in the future that the
work of art shall be removed from the Library, the City shall first give the Donor the option to take ownership of
and remove the work of from the Library at the Donor's sole cost and expense.
The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from
any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attorney's
fees, of any kind or nature, resulting from or arising out of the City's use of the Donation.
The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and
authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by
the Donor in connection with authorizing the execution of this document; that this document shall be legally
enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of
any contract, bond, note or other agreement or instrument to which the Donor is a party.
Dated: April 29, 2013
Dated:
DONOR: The Friends of National City Public Library
Gloria Bird, President
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor