Bicentennial Paintings - Assignment & Bills of Sale 1976THE CITY OF
DUBUQUE
GILBERT D. CHAVENELLE 'ii+ CITY MANAGER
CITY HALL $+ DUBUQUE. IOWA 52001
TELEPHONE 3 1 9- 5 B 9- B 4 4 1
July 23, 1976
Mr. Leo F. Frommelt
City Clerk
Dubuque, Iowa
Dear Leo:
Attached is the original assignment of the Bicentennial
paintings.
I thought that you should have it in your file.
S incerely,
2
Gilbert D. Chavenelle
City Manager
GDC/t
Enc.
1 yore: ir.��•11 . i .J & A ?ry-;?b� Rft
0
F 0 L L
GALL.
71`Es & PN:.ys
Prresent—
Reed & Filed_w_
Granted i.
Retuned
Report
Adopted
Resolution
Bala
Resolution
Adopted
"your Protection Is Our Profession"
livIAN INSURANCE. INC.
August 3, 1976
Mr. Gilbert D. Chavenelle
City Manager
City Hall
Dubuque, Iowa 52001
Dear Gil:
202 Fischer Building
Dubuque, Iowa 5200I
Phone: 556-0272
G� � n
. ,: w /"}
c- o
s -'.., :.. j ; .
The Dubuque 76 organization and Mr. Dennis Naughton have
asked that I send to you the insurance policy on the
seven paintings which they are apparently turning over
to the City of Dubuque.
In reviewing this you will note that it has been endorsed
to include the City of Dubuque as a named insured.
The premium for this policy has been paid up until January 26,
1977, and each of the paintings is covered in the amount of
$1,000. with a $100. deductible per item.
I would suggest that upon the expiration date of this policy
that coverage for these items be included in the regular
city insurance program.
In the event that you have any questions or comments with
regard to this or if I can be of any assistance to you in
any manner, please do not hesitate to contact me.
Sincerely yours,
Richard P. Friedman
dk
Enclosure
cc: Mr. Dennis Naughton
r-�
YOUR . nt
p ; . AGE1V7
5[RVCS r6V GE2
FORMER POLICY NO.
SCHEDULED PROPERTY FLOATER POLICY
NAME AND ADDRESS OF INSURED
• AGENT
•
Dubuque 76, Inc.
200 Main Street
Dubuque, Iowa
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
A Capitol Stock Compony
St. Paul, Minnesota
FRIEDMAN INSURANCE, INC.\
YOUR/ dependent
rnturcnie;AGENT
THE, ST. PAUL
COMPANIES
S 5,YO ..C.-C,.e.C..C....er.l,ne 03.1
"YOUR PROTECTION IS
OUR PROFESSION'
202 FISCHER BUILDING
PHONE 583-7384
DUBUQUE, IOWA 52001
ENDORSEMENT
•
THE ST. PAUL
COMPANIES
Serving you around the world... around the cloak
mb-5 7-20--76
The following spaces preceded by an asterisk (*) need not be completed if this endorsement and the policy have the same inception date.
ATTACHED TO AND FORMING
PART OF POLICY NO.
314JB2273
'EFFECTIVE DATE
OF ENDORSEMENT
7-19-76
• ISSUED TO
Dubuque 76,
Inc
It is hereby agreed and understood that the name of the insured is
changed to:
Dubuque 76, Inc. and City of Dubuque
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or
limitations of the above mentioned Policy, other than as above stated.
Agency Name and Address
Friedman Insurance, Inc.
202 Fischer Bldg.
Dubuque, Iowa 52001
In Witness Whereof, the Company has caused this
endorsement to be signed by a duly authorized rep-
resentative of the Company.
. t� h
Friedman InsurAUTHORIZED in REPRESENTATIVE
soui0t.nd s c
•
14600-6 REV. 6-64
PRINTED IN U.S.A.
7 i .
J I,J .1
* POLICY PERIOD (Mo.. DAY. YR.) SUM INSURED RATE
FROM TO n
1--76-76 1 1 -96-77
* At Noon Standard Time at place of issuance as to each of said dates.
1TOTAL PREMIUM
190_00 Rpgarcil
COVERING AS PER FORM ATTACHED HERETO
EACH ANNIVERSARY
Unless physically deleted by the Company, the following clauses shall be paramount and shall supersede and
nullify any contrary provision of the Policy.
This Policy does not insure against loss or damage caused by or resulting from:
(1) Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an act-
ual impending or expected attack, (a) by any government or sovereign power (de jure or de facto), or by any authority
maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such
government, power, authority or forces;
(2) Any weapon of war, employing atomic fission or radioactive force whether in time of peace or war;
(3) Insurrection, rebellion, revolution, civil war,- usurped power, or action taken by governmental authority in hindering,
combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations,
confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade.
It is agreed that if this Policy insures against the peril of Fire, Clause A below shall apply, but if this Policy does not
insure against the peril of Fire, Clause B below shall apply, as follows:
A. This Company shall not•be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all
whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be -in whole or
in part caused by, contributed to, or aggravated by the peril(s) insured against in this Policy; however, subject to the
foregoing and all provisions of this Policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or
radioactive contamination is insured against by this Policy.
B. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all
whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or
in part caused by, contributed to, or aggravated by the peril(s) insured against in this Policy.
TIIIS POLICY IS MADE AND ACCEPTED SUBJECT TO THE FOREGOING STIPULATIONS AND CONDITIONS AND TO
THE CONDITIONS PRINTED ON THE BACK HEREOF, together with such other provisions, agreements or conditions as
may be endorsed hereon, or added hereto; and no officer, agent or other representative of this Company shall have power to
waive or be deemed to have waived any provision or condition of this Policy unless such waiver, if any, shall be written
upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed
by the Insured unless so written or attached. -
Provisions Required by Law to be Stated in this Policy:_"This Policy is issued under and in pursuance of the laws of the
State of Minnesota, relating to Guaranty Surplus and Special Reserve Funds." Chapter 437, General Laws of 1909
In Witness Whereof, this Company has executed and attested these presents; but this Policy shall not be valid unless coun-
tersigned by a duly authorized Agent of the Company.
1-26-76
COUNTERSIGNATURE DATE
Secretary.
Dubunue, Iowa
COUNTERSIGNED AT
AUTHORIZED REPRESENTATIVE
"
Ca
n
0
tD
4770 SPP REV. 2-65 PRINTED IN U.S.A.
THE ST PAUL
INSUHANCe CC1,0,2ANTES
S•...+p pv uo ne the ~Id... e.e..s Me dK!
Commercial Property
MISCLI_LANEOUS PROPERTY FLOATER FORM
(All Risk Form)
ATTACHED TO AND FORMING
PART OF POLICY NO.
314 JB 2273
AGENT
Friedman Insurance, Inc. #140718
This Policy covers the following described items which are the property of the Insured or the property of others in the
custody or control of the Insured.
DESCRIPTION
6 Painting of the Citizens and The Flag Series, situated
at various locations in Dubuque, Iowa not to exceed $1,000.00
on any one painting.
AMOUNT OF INSURANCE
$6,000.00
THIS POLICY INSURES AGAINST
all risks of direct physical loss or damage from any external cause except as hereinafter provided.
THIS POLICY DOES NOT INSURE AGAINST:
1. Loss or damage caused by wear and tear, gradual deterioration, insect, vermin, inherent vice, atmospheric or climatic
conditions; or damage sustained due to any process, or while being actually worked upon and resulting therefrom;
2. Loss or damage caused by leakage, denting, marring or scratching, unless directly caused by fire, lightning, wind-
storm, cyclone, tornado, the collision, upset or overturn of the transporting conveyance;
3. Loss or damage caused by mechanical breakdown or loss resulting from electrical injury or disturbance to electrical
appliances or devices (including wiring) caused by electrical currents artificially generated unless fire ensues, and if
fire does ensue, this Company shall be liable only for loss caused by such ensuing fire;
4. Loss or damage except by fire while the insured property is waterborne unless otherwise endorsed hereon;
5. Loss or damage caused by theft or pilferage of the insured property while unattended in or on any automobile,
motorcycle or trailer, other than a public conveyance, unless the loss is the result of forcible entry either into such
vehicle while all doors and windows thereof are closed and locked or into a fully enclosed and locked luggage com-
partment, of which entry there are visible marks upon the exterior of said vehicle;
6. Misappropriation, secretion, conversion, infidelity or any dishonest act on part of the Insured or other party of
interest, his or their employees or agents, or others to whom the property may be entrusted (carriers for hire excepted);
7. Loss or damage caused by or resulting from:
(a) War risks named in the Policy to which this form is attached;
(b) Nuclear risks named in the Policy to which this form is attached.
SPECIAL CONDITIONS
DEDUCTIBLE CLAUSE: Each claim for loss or damage (separately occurring) shall be adjusted separately and
from the amount of each such adjusted claim or the applicable limit of liability, whichever is less, the sum of
$ 1110..-011 shall be deducted.
This Company shall be liable in event of loss for no greater proportion thereof than the amount insured hereunder
bears to the actual value of the property described herein at the time such loss shall happen.
This Company shall not be liable for loss, if at the time of loss, there is any other valid and collectible insurance which
would attach if this insurance had not been effected, except that this insurance shall apply only as excess and in no
event as contributing insurance, and then only after all such other insurance has been exhausted.
This Policy covers only within and between the states of the United States of America, the District of Columbia
and Canada.
All other terms and conditions of the Policy not in conflict herewith remain unchanged.
16522 ARF 1-70 12M Ed. 3.67 Printed In U.S.A.
:i
t 0F1r',1N; E.,
•
. MARINE Er1C10RSF..MEriT
ATTACIIF.D TO AND FOi1:11ND
PAT,T OF POLICY C.O.
EFFECTIVE DATE ISSUED TO
OF ENDORSEMENT
1-27b7 qtr? 7 , Inc.
This Policy is amer:ded as indicated below:
(
LrJ Amount of insurance
J Policy conditions
[] Name and/or address
1?,CDO1C.'.D en T~l.It: }1
IIICREASED SY
$ 100(71.00
OF:CRFASED BY
NEW TOTAL AMOUNT
I Items added cr._',-:;---r-(` rf�•�-�-;1
��r•
II Description of insured property
PREMIUM RECAPITULATION
Due at Endorsement Effective Date: Additional Premium
$
Premium adjustment if the Premium is payable in annual instal merits.
Return Premium
$
fief^; Due Original Instal:rnents
Increase
Decrease
Revised Int?!!rmnts
$
Homeowners Annual Installment
s
THE CITY OF
DUBUQUE
c
y ,{, (� ) a GILBERT D. CHAVENELLE �i CITY MANAGER
i.
F.. e� CITY HALL DU OUgUE, IOWA 52001
yt.
Co-4NUNIN14`
Mr. John Frangos
Lange Insurance Co. , Inc.
705 American Trust Bldg.
Dubuque, Iowa
Dear John:
TELEPHONE 9 1 9- 8 8 9• 6 A A 1
August 4, 1976
Here is a letter from Dick Friedman about the insurance on
the Licciardi paintings. Would you be prepared to include
this in our city insurance program next January.
Sincerely,
Gilbert D. Chavenelle
City Manager
GDC/t
Enc.
Dear Gil,
Yes, the paintings can be added to our schedule. I would
appreci_te the listing of paintings at your convenience or
I can get the list from Dick if you prefer.
r
Kindest regards,
IIri
John Frans;os
8/9/76
ASSIGNMENT
For valuable consideration received, Dubuque '76, Inc. , an Iowa
Corporation, does hereby sell, transfer and assign to the City of Dubuque, Iowa,
all its right, title and interest in and to the series of Bicentennial Paintings, being
comprised of Paintings Nos. 1 through 7, and entitled respectively as follows:
"New Beginnings", "Dubuque Gothic (Democratic Caucus)", "Citizens and the
Flag (Another Opening, Another Show)", "Circumnavigators - '76", "In Search
of a Song", "A Love of Land -and Community", "Homage to a Visionary".
This Assignment includes but is not limited to all copyrights and
reproductive rights, and all other rights. The Assignor further warrants that
it has made no transfer, assignment, pledge, sale, encumbrance or other dis-
position of any kind of the personal property above mentioned, which has not been
previously discharged.
STATE OF IOWA
DUBUQUE COUNTY
x
. ss.
x
DUBUQUE '76, INC.,
BYE'/lGct��
AND
-2-6(7L
`Dennis Naughton, Prestclent'
ti: ii. ter' 20'.7/
Arnold N. Honkamp, Treasurer
On this �-._— day of _ , 1976, before me, the undersigned,
a Notary Public in and for said Cou y an. said State, personally appeared Dennis
Nau•hton and Arnold N. Honkamto me personally known, who, being by me
duly sworn, did say that they ar- the President and Treasurer, respectively, of
said corporation; that no seal has been procured by the said corporation; that said
instrument was signed on behalf of said corporation by authority of its Board of
Directors; and that the said Dennis Naughton and Arnold N. Honkamp, as such
officers, acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
<7
tary ?ublic in and for
said State
THE CITY OF
DUBUQUE F4-
ti GILBERT D. CHAVENELLE 0 CITY MANAGER
t\ CITY HALL •• DUBUQUE, IOWA 52001
MtiIUNITY� TELEPHONE 319-583-6441
a
August 3, 1976
, e� ,
/ _J )
Mr. Leo F • Frommelt
City Clerk
Dubuque, Iowa
Dear Leo:
Enclosed are papers received from Dennis Naughton.
I have written to Mr. Russo asking if he has any further
direction in the matter.
Sincerely,
Gilbert-D. CTiavenelle
City Manager
GDC/t
Enc.
August 2, 1976
Mr . Gilbert D . Chavenelle
Dubuque City Manager
City Hall
Dubuque, Iowa, 52001
Dear Mr . Chavenelle:
DURUQUE '76 INC.
200 Main
Dubuque
I owa
52001
319 583-1776
Dennis Naughton, Chairman
Patrick J. Dillon, Vice Chairman
Dean Schantz, Secretary -Treasurer
Dr. Robert Myers, County Chairman
As I advised you a week ago, the Dubuque Bicentennial Artist
in Residence, Frank Licciardi, has recently decided he would like to have
the copyrights or reproduction rights on the Bicentennial painting series
that he did for Dubuque '76, Inc.
Kenneth Ankenbauer
Paul H. Brown
Phillip J. Clemons
Kathleen Crowley
Thomas H. Hantelmann
C. Robert Justmann
Norman McMullin
Dawn Miller
Donald C. Meyers
Mrs. Wayne Norman
James Norton, Jr.
Merlyn C. Pierce
Gary Rieniets
Terry Trueblood
John Wilkinson
Paul Rucker, Coordinator
��coJTION
For the record, please be advised that Frank gave an assign-
ment of all of his rights to Dubuque '76 for painting numbers 1 through 4,
copies of which are enclosed herein. However, he has refused to sign the
assignment or Bill of Sale for the remaining three paintings. However, as I
read the recent case law, in an employment situation such as ours, all rights
in the product or art vest in the employer . Furthermore, if an artist wrongfully
obtains a copyright, the cases say that he holds that copyright as trustee for
the benefit of his employer.
However, you might want to discuss with the City Attorney whether
it would be appropriate for the City to take any action to further clarify the
rights of the citizens of Dubuque and the City in these paintings.
We have given you a written assignment of all rights in the
paintings that Dubuque '76, Inc. might have had and we are having our
insurance policy endorsed to the City and sent to you. The insurance policy
will cover you through, I believe, January 27, 1977.
2/
If we can be of further assistance to you concerning the Artist in
Residence program, please feel free to give me a call.
In the Spirit of '76,
Dennis J. $aughton,
Chairma
enc.
DJN/ma
BILL OF SALE
For valuable consideration paid to me, receipt of which is hereby
acknowledged, I, Frank Licciardi, of Dubuque, Iowa, do sell, transfer and assign
to Dubuque '76, Inc. , an Iowa corporation, having its principal office at 200 Main
St. , Dubuque, Iowa, 52001, all of my right, title and interest in and to that certain
Bicentennial painting, no. 1, titled and known as New Beginnings, including
but not limited to all copyrights and reproductive rights, and all other rights.
I further warrant that I have made no transfer , assignment, pledge,
sale, encumbrance or other disposition of any kind of the personal property above
mentioned, which has not been previously discharged.
DATED at Dubuque, Iowa, this Ac day of 0
Frak
STATE OF IOWA
DUBUQUE COUNTY
, 1976.
On this / day of , 1976, before me, the under-
signed, a Notary Public in and for the State of Iowa, personally appeared
Frank Licciardi, to me known to be the identical person named in and who
executed the foregoing instrument, and acknowledged that he executed the same
as his voluntary act and deed.
Notary Public
signed, a Notary Public in and for the
Frank Licciardi, to me known to be the
executed the foregoing instrument, and
as his voluntary act and deed.
BILL OF SALE
For valuable consideration paid to me, receipt of which is hereby
acknowledged, I, Frank Licciardi, of Dubuque, Iowa, do sell, transfer and assign
to Dubuque ' 76 , Inc. , an Iowa corporation, having its principal office at 200 Main
St. , Dubuque, Iowa, 52001, all of my right, title and interest in and to that certain
Bicentennial painting, no. 2, titled and known as Dubuque Gothic (Democratic
Caucus) , including but not limited to all copyrights and reproductive rights,
and all other rights.
I further warrant that I have made no transfer, assignment, pledge,
sale, encumbrance or other disposition of any kind of the personal property above
mentioned, which has not been previously discharged.
DATED at Dubuque, Iowa, this
C
STATE OF IOWA
DUBUQUE COUNTY
On this % day of ad
State of Iowa, personally appeared
identical person named in and who
acknowledged that he executed the same
day of
a 6 , 1976.
( IA1/4'
Fra k is '61
a,t , 1976, before me, the under-
2724,0
Notary Public
BILL OF SALE
For valuable consideration paid to me, receipt of which is hereby
acknowledged, I, Frank Licciardi, of Dubuque, Iowa, do sell, transfer and assign
to Dubuque '76, Inc. , an Iowa corporation, having its principal office at 200 Main
St. , Dubuque, Iowa, 52001, all of my right, title and interest in and to that certain
Bicentennial painting, no. 3, titled and known as Citizens and the Flag (Another
Opening, Another Show) , including but not limited to all copyrights and reproductiv
rights, and all other rights.
I further warrant that I have made no transfer, assignment, pledge,
sale, encumbrance or other disposition of any kind of the personal property above
mentioned, which has not been previously discharged.
DATED at Dubuque, Iowa, t •r /�J day of Ce Z , 1976.
STATE OF IOWA
DUBUQUE COUNTY
x
ss.
x
On this 0;5 day of
//(-(/(\i
F a kciardi
signed, a Notary Public in and for the
Frank Licciardi, to me known to be the
executed the foregoing instrument, and
as his voluntary act and deed.
, 1976, before me, the under-
tate of Iowa, personally appeared
identical person named in and who
acknowledged that he executed the same
22240 & , r -ez
Notary Public
BILL OF SALE
For valuable consideration paid to me, receipt of which is hereby
acknowledged, I, Frank Licciardi, of Dubuque, Iowa, do sell, transfer and assign
to Dubuque '76, Inc. , an Iowa corporation, having its principal office at 200 Main
St. , Dubuque, Iowa, 52001, all of my right, title and interest in and to that certain
Bicentennial painting, no. 4, titled and known as Citizens and the Flag
(Circumnavigators - '76) , including but not limited to all copyrights and reproductiv
rights, and all other rights.
I further warrant that I have made no transfer, assignment, pledge,
sale, encumbrance or other disposition of any kind of the personal property above
mentioned, which has not been previously discharged.
DATED at Dubuque, Iowa, this
STATE OF IOWA
DUBUQUE COUNTY
day of 46,142, , 1976.
Frank ILic
On this /5� day of CJ , 1976, before me, the under-
signed, a Notary Public in and for the State of Iowa, personally appeared
Frank Licciardi, to me known to be the identical person named in and who
executed the foregoing instrument, and acknowledged that he executed the same
as his voluntary act and deed.
Notary Public
U . s
267 75
ASSIGNMENT
C ri ...:).',TilA (6
For valuable consideration received, Dubuque '76, Inc., an Iowa
Corporation, does hereby sell, transfer and assign to the City of Dubuque, Iowa,
all its right, title and interest in and to the series of Bicentennial Paintings, being
comprised of Paintings Nos. 1 through 7, and entitled respectively as follows:
"New Beginnings", "Dubuque Gothic (Democratic Caucus)", "Citizens and the
Flag (Another Opening, Another Show)", "Circumnavigators - '76", "In Search
of a Song", "A Love of Land...and Community", "Homage to a Visionary".
This Assignment includes but is not limited to all copyrights and
reproductive rights, and all other rights. The Assignor further warrants that
it has made no transfer, assignment, pledge, sale, encumbrance or other dis-
position of any kind of the personal property above mentioned, which has not been
previously discharged.
x
BY
DUBUQUE '76, INC.,
AND
De n s
ghton, 'resi
Arnold N. Honkamp, Tre ;purer
STATE OF IOWA
DUBUQUE COUNTY
. ss.
x
On this day of _ , 1976, before me, the undersigned,
a Notary Public in and for said Cou y an. said State, personally appeared Dennis
Naughton and Arnold N. Honkamto me personally known, who, being by me
duly sworn, did say that they ar- the President and Treasurer, respectively, of
said corporation; that no seal has been procured by the said corporation; that said
instrument was signed on behalf of said corporation by authority of its Board of
Directors; and that the said Dennis Naughton and Arnold N. Honkamp';; as, such
officers, acknowledged the execution of said instrument to be the \v4121.i1.t eand
deed of said corporation, by it and by them voluntarily executed
R . R e1.1-2); 1po
ublic in arid `for
'
said State
726 7-76
STATE OF 10\NA
DUBUQUE COUNTY
Red fcr Record athis............ ........,.9. .....
'day c�;...._.a.ty �`'�
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arded in Boo ..............Page...........,
..Recorder,
BY, .. ,...... .6t1 eput1'